Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/NETHERL.TXT

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TITLE:  THE NETHERLANDS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                        THE NETHERLANDS


The Netherlands is a constitutional monarchy with a
parliamentary legislative system.  Executive authority is
exercised by the Prime Minister and Cabinet.  The bicameral
Parliament is elected through nationwide proportional voting.

The military, police, royal constabulary, and investigative
organs concerned with internal and external security are
effectively subordinated to the executive and judicial
authorities.

The economy is based on private enterprise, but also features
extensive involvement by governmental entities.  A complex
social welfare system provides a high level of social benefits.

The Netherlands attaches great importance to human rights.
Dutch law protects individual rights, and both the state and
the general public respect them.  The press, public interest
groups, and domestic and international human rights
organizations are quick to challenge practices which they
believe violate established human rights norms.  Such
complaints are thoroughly discussed by the media and in
Parliament and are often subjected to a judicial process.

In 1994 the treatment of minorities, immigrants, and asylum
seekers was the subject of much debate, particularly in the
context of the campaign for the May parliamentary elections.
The racist political parties fared poorly in those elections,
and there has been increased public concern about isolated
incidents of violence against minorities.

In most respects, there are no significant differences in human
rights practices between the Netherlands proper and the
autonomous regions of the kingdom, i.e., Aruba and the five
islands of the Netherlands Antilles.  The exception appears to
be, according to persistent reports, excessive use of force by
police in the islands.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing.

There were no reports of political or other extrajudicial
killings.

     b.  Disappearance

There were no reports of disappearance.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Torture and cruel or inhuman punishment are prohibited by law
and were not known to occur in the Netherlands proper.
However, in response to persistent reports of police
mistreatment of suspects and prisoners in the Netherlands
Antilles and Aruba, the Government of the Netherlands Antilles,
at the instigation of the Dutch Government, established a
commission in 1991 to investigate the subject.  This commission
reported in 1992 that there was no pattern of police brutality,
but that verifiable incidents had occurred on every island but
Saba.  In 1994 the Netherlands Antilles Government responded to
this report by establishing an independent commission with
investigatory powers to respond to complaints from the public
alleging police brutality, and by initiating a training program
to professionalize the police force, with substantial financial
support from the Government of the Netherlands.

There were complaints about prison conditions on Curacao and
St. Maarten in 1993, including allegations of beatings, lack of
access to medical personnel, and overcrowding.  In 1994 these
complaints prompted an official investigation by the Public
Prosecutor on St. Maarten and a program of prison improvements
on Curacao.  In March the investigation formally cleared the
prison guards of the charges of brutality.  In another response
to the complaints, the Antillean Government persuaded the Dutch
Ministry of Justice to send a mission to study the prison
system on the islands.  The mission reported its findings in
September, and the Antillean Minister of Justice has pledged to
follow the reorganization plan outlined in the report.

     d.  Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest is provided for by law and
respected in practice.  Preventive detention is permitted only
if national or municipal authorities declare an emergency.  On
such occasions, however, the detention may only be for a
limited time.  Under normal circumstances a suspect may be held
for no longer than 6 hours (or 9 hours if arrested at night)
before charges must be brought.  The Public Prosecutor may
allow a 48-hour detention of persons suspected of having
committed serious crimes, and has authority to extend it to 96
hours.  An investigating judge must authorize any further
extensions.  There are no political prisoners.  The Netherlands
does not practice forced exile.

     e.  Denial of Fair Public Trial

The Constitution provides for an independent judiciary and a
right to a fair public trial.  The Dutch court system provides
for the right of appeal.  Charges must be formally stated, and
the accused is presumed innocent until proven guilty.
Defendants have the right to counsel; free or low-cost legal
assistance is provided for the indigent.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

In most criminal cases, a judicial warrant is required to enter
a person's home or to monitor private correspondence or
telephone conversations.  The State respects individual freedom
of choice in family matters.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

A functioning democratic political system, an independent
press, and an effective judiciary ensure freedom of speech and
press.  Dutch media policy allocates broadcast time to a wide
range of social, political, and ethnic groups, ensuring that
minority viewpoints are heard.

There are no prepublication restraints on the media.  A
traditional consensus effectively prevents the mainstream media
from disseminating sensitive information involving national
security, defense, or the royal family.  Violent or sensational
crimes are treated discreetly, with suspects and victims often
identified only by their initials.  In ongoing investigations,
only minimal personal data are released on criminal suspects.
The law prohibits incitement of hatred.  Courts may ban a
political party at the request of the Public Prosecutor on the
grounds of the party's discriminatory, racist, or violent
character; but this provision has never been invoked.

     b.  Freedom of Peaceful Assembly and Association

Freedom of assembly and association is virtually unrestricted.
For large assemblies and political demonstrations, permits from
local authorities are required.  These permits are routinely
granted unless authorities believe that "public order and
safety" cannot be guaranteed.  Public meetings of extreme
rightist or racist groups have been prohibited from time to
time.  The Government does not arbitrarily impede membership
in, or the formation of, organizations.

     c.  Freedom of Religion

There is full freedom of religion.  State subsidies are
provided to religious organizations that maintain educational
facilities.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

There is full freedom of domestic and foreign travel,
emigration, and repatriation.

The Netherlands has elaborate asylum procedures which take into
account conditions in the applicant's country of origin.
Applicants who do not meet the criteria for political asylum
are nevertheless permitted to stay, without refugee status, if
conditions in their country of origin would place them in
danger.  In January a new asylum law came into effect,
proscribing consideration of asylum requests by applicants
whose previous requests were turned down by the Netherlands.

Despite some tightening of regulations and procedures, asylum
is still relatively easy to obtain.  The number of asylum
seekers trended dramatically higher than in 1993.  After polls
showed that the public considers this a major domestic problem,
the Pa1liament passed legislation in December making applicants
ineligible for asylum if they come from a country the law
designates as a "safe country of origin" or if they arrive by
way of a "safe third country" where asylum is possible.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The Netherlands is a functioning multiparty democracy.
Elections are based on proportional representation.  There is
universal suffrage for citizens aged 18 and older.  Foreign
residents may vote in municipal elections after 5 years of
legal residence.  Citizens elect the second chamber (House of
Representatives) of Parliament every 4 years (sooner if a
government resigns or falls).

There are no restrictions in law or in practice on the
participation of women and minorities in government and
politics.  The Government continues to seek to increase the
number of female candidates for elected office.  Only modest
gains have been scored on the local level over the last 3
years, but women have fared better on the national level, due
in part to efforts by political parties to feature more women
on their election lists.  The second chamber of Parliament now
counts 49 women among its 150 members, up from 44 before the
recent elections.  In the Cabinet of the new Government, a
record 4 of 13 ministers are women.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Human rights groups, the media, and other interested parties
are free to pursue inquiries into human rights issues, and
Dutch authorities readily assist international and
nongovernmental organizations in their investigations.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The law bans discrimination on the basis of any of these
factors or on sexual orientation or political preference.  A
new Equal Treatment Act came into force on January 1, 1994,
which allows complainants to take offenders to court under
civil law.

     Women

There is increased awareness in the Netherlands that abuse of
women is a problem that needs to be aired and addressed.
Accordingly, the Government materially supports programs to
reduce and prevent violence against women.  Battered women find
refuge in a network of government-subsidized shelters offering
the services of social workers and psychologists.  Battered
women who leave their domestic partners become eligible for
social benefits, including an adequate basic subsidy as well as
an allowance for dependent children.  There are also
organizations that advise and assist women who have been
victims of sexual assault.  Spousal rape or abuse each carry
the same penalty as the same crime against other persons.

The Social Ministry, citing recent research indicating that
one-third of all working women have experienced sexual
harassment in the workplace, initiated legislation to address
this problem.  In July the first chamber of Parliament passed
an antiharassment amendment to the Workers' Conditions Act
requiring employers to take measures to protect workers (of
either sex).  The Government--the nation's largest
employer--has instituted such measures in the civil service,
and it runs an ongoing campaign to publicize the problem.

Women are increasingly entering the job market, despite
traditional constraints and inadequate child-care facilities.
Although more than 40 percent of the Dutch work force is now
female, many women work only part time.

The social welfare system provides considerable assistance to
working women with families.  Women are eligible for 16 weeks
of maternity leave at full pay.  The parental leave law allows
parents (of either sex) to work only 20 hours a week over a
6-month period; since the enactment of the law in 1991, 27
percent of eligible women have used this benefit, and 11
percent of eligible men.

On the other hand, many women work in low-level administrative
or service jobs, and women often have less chance of promotion
than male colleagues.  The unemployment rate of women
reentering the labor market is high.  Legislation mandates
equal pay for equal work; prohibits dismissal because of
marriage, pregnancy, or motherhood; and provides for equality
in other matters regarding employment.  A legislatively
mandated equal-treatment commission deals with complaints on
these matters.

Women have the same legal and judicial rights as men.  Upon
marriage, a couple may sign a prenuptial agreement to preserve
individual ownership of their respective assets, or they may
declare their assets joint property.

     Children

The Government is committed to ensuring the well-being of
children through numerous well-funded health, education, and
public information programs.  The Council for the Protection of
Children, which operates under the Ministry of Justice,
enforces child-support orders, investigates cases of child
abuse, and recommends remedies ranging from counseling to
withdrawal of parental rights.  In addition, the Government has
set up a popular hot-line for children, along with a network of
pediatricians who look for indications of child abuse and also
track suspected cases.

     National/Racial/Ethnic Minorities

A study by the University of Leiden and the Dutch Public Safety
Service found that the number of incidents of violence against
foreigners and ethnic minorities has increased over recent
years.  The study tallied about 350 reported racially motivated
1993 incidents, and estimated that there were a significant
number of unreported incidents as well.

The Government has been trying, through publicity campaigns and
legislative initiatives, to increase public awareness of racism
and discrimination.

The main immigrant groups in the Netherlands are from the
former Dutch colony of Suriname, the Netherlands Antilles,
Aruba, Turkey, and Morocco.  Concentrated in the larger cities,
they suffer high unemployment.  The Government has been working
for several years with employers' groups and unions to reduce
this to the national average rate.  As a result, over the past
year the rate of job creation among ethnic minorities has been
higher than among the general population.  But with the influx
of immigrants still growing, the unemployment problem remains
difficult to overcome, especially during the current recession
in the Netherlands.

The municipalities of Rotterdam and Amsterdam have a number of
programs, many funded in part by the national Government, to
promote integration of ethnic minorities.  Several focus on
education and vocational training for minority children.
Others seek to bring persons of different cultures together and
prevent flare-ups in certain neighborhoods.

A law effected July 1 requires employers with over 35 employees
to register with the local Chamber of Commerce the number of
their employees who identify themselves as members of a
non-Dutch ethnic group.  People who do not wish to be
identified as ethnically non-Dutch are not required to
register.  Employers must submit confidential affirmative
action plans, including recruitment targets and proposed means
of attaining them.

     People with Disabilities

Government-funded programs for the disabled include subsidies
to adapt housing and public transportation, day-activity
centers, and incentives to employers to hire the handicapped.
Local governments are increasingly mandating access to public
buildings for the disabled.  Since 1992, there has been a
national telephone line to report structural obstacles to
handicapped access or mobility on public property.

Section 6  Worker Rights

     a.  The Right of Association

Membership in labor unions is open to all workers, including
military, police, and civil service employees.  People are
entitled to form or join unions of their own choosing without
previous government authorization, and unions are free to
affiliate with national trade union federations.  This right is
freely exercised.

Unions are entirely free of control by the Government and
political parties.  They may and do participate in political
activities.

All workers have the right to strike, except most civil
servants (who have other institutionalized means of protection
and redress).  The right to strike is exercised freely, but the
number of strikes each year is very low.  There is no
retribution against striking workers.

     b.  The Right to Organize and Bargain Collectively

The right to organize and bargain collectively is recognized
and well established.  Discrimination against workers because
of union membership is illegal and does not occur.

Collective bargaining agreements are negotiated in the
framework of the social partnership developed among trade
unions and private employers.  Representatives of the main
union federations, employers' organizations, and the Government
meet each autumn to discuss labor issues, including wage levels
and their relation to the state of the economy and to
international competition.  The discussions aim to develop a
"central accord" with social as well as economic goals for the
coming year.  Under this umbrella agreement, unions and
employers in various sectors negotiate sectoral agreements,
which the Government usually extends to all companies in the
respective sector.  As a result, collective bargaining
agreements cover three-quarters of the labor force.

Antiunion discrimination is prohibited.  Union federations and
employers' organizations form the "social partnership" and are
represented, along with independent experts, on the Social and
Economic Council.  The Council is the major advisory board to
the Government on its policies and legislation regarding
national and international social and economic matters.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is prohibited by the Constitution
and does not occur.

     d.  Minimum Age for Employment of Children

The minimum age for employment is 16, and for full-time work it
is conditioned on completion of the mandatory 10 years of
schooling.  Those still in school at age 16 may not work more
than 8 hours per week.  People under age 18 are prohibited by
law from working at night, overtime, or in areas dangerous to
their physical or mental well-being.  The laws are effectively
enforced by the Labor Commission, which monitors hiring
practices and conducts inspections of work sites.

     e.  Acceptable Conditions of Work

The minimum wage for adults is established by law and may be
adjusted every 6 months to changes in the cost-of-living
index.  Since 1982 few adjustments have been made, and the rise
in the minimum wage has lagged well behind the rise in the
index.  The minimum wage is $1,243 (2,163 Dutch guilders) per
month.  Fewer than 3 percent of all workers get the minimum
wage.  Sectoral wage contracts usually fix a minimum that is
high above the legislated minimum wage.

For workers under age 23 the minimum ranges from 33 percent of
the adult minimum (for those aged 16) to 85 percent (for those
aged 22).  The legislated minimum wage, together with social
benefits available to all who receive only that, provides an
adequate living for workers and their families.

The standard workweek in the Netherlands is 40 hours.  The
workday, fixed by law, cannot exceed 8 1/2 hours a day.  There
are legislated curbs on work during nights and weekends.  In
December, Parliament approved some deregulation of workhours to
encourage flexible work schedules, and delegated limited
authority to localities to make decisions on workhours.

Working conditions, including all safety and health standards
set by law and regulations, are actively monitored and
effectively enforced by the Labor Commission.  The Ministry of
Social Affairs also polices standards, through its Labor
Inspectorate.  Workers may refuse to continue work at a
hazardous site.