GENEVA. The United Nations Human Rights Committee has examined the implementation of the International Covenant on Civil and Political Rights (ICCPR) in the Netherlands. In addition to the 4th periodic report of the Dutch government, a group of Dutch NGOs submitted a so-called shadow report and an addendum to this report to inform the Committee before the session that took place from 14 to 15 July in Geneva.

The government of the Netherlands was represented by a large delegation that was led by the Minister of Justice, Mr. Hirsch Ballin. Committee member Michael O’Flaherty noticed that there were no NGO-representatives from the Netherlands. He asked the government what it could do to facilitate future participation of NGOs.

However, a statement by the Dutch NGOs was presented through a colleague from the International Commission of Jurists (ICJ). The Dutch Commission of Jurists for Human Rights (NJCM) is affiliated to the Geneva-based ICJ as a national section. The ICJ-representative also answered questions from the Committee on behalf of the NJCM.

The Committee was mainly interested in the following issues: use of biometric data, euthanasia, equal treatment of women, and asylum procedures.

Committee member Sir Nigel Rodley emphasized that the Netherlands has a distinguished record in human rights and has produced many experts who have done much to develop human rights. Sir Rodley, however, did not see this record reflected in the 4th periodic report references to balancing of human rights, limitations and national security. He found the report to be rather ‘defensive about human rights’.

Considering the new Passport Law and the plans of the Netherlands’ government to store all biometric passport data (such as fingerprints) in a national database for criminal investigation purposes, Sir Rodley warned the Minister that it is very easy to lose that type of data. This in fact happened in the United Kingdom in 2007 when the government lost child benefit records of 25 million people. Although the right to privacy is not absolute, continued Sir Ridley, it is not negligible either.

The Committee observed workplace inequality between men and women, few women at high levels in private sector firms, and salary inequality. The Dutch system of childcare seems to impede women from working. Moreover, the Committee was shocked that a political party (SGP) is banning women from participation.

The Committee expressed concern about the current euthanasia procedure, because it does not include a pre hoc, but only a post hoc procedure and the fact that the decision is made by doctors. The Committee would prefer a decision by a judge prior to the euthanasia to prevent possible mistreatment of this legislation. With regard to asylum procedures the Committee is worried about the detention of asylum seekers prior and/or during their asylum procedure, exclusion of torture evidence (also when it is used in favor of the person’s claims, and is not very optimistic about the move from a 48 hour to an 8 day procedure.

The Committee’s Concluding Observations are expected to be released at the end of this month.

The Human Rights Committee is the body of independent experts that monitors implementation of the ICCPR by its States parties. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee examines each report and addresses its concerns and recommendations to the State party in the form of ‘concluding observations’.
Click here for more information.

Besides the obligation of State parties to report, NGOs have the right to submit shadow reports to inform the Committee. The Commentary on the 4th Periodic Report of the Netherlands on the ICCPR was written by 14 Dutch NGOs and submitted in August 2008. The Addendum includes new developments and reactions to the replies of the Dutch Government to the List of Issues of the Committee and was submitted in June 2009.
Click here for more information on the ICCPR 2009 session of the Netherlands.