HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF REPORT OF NETHERLANDS ON COMPLIANCE WITH COVENANT

Human Rights Committee
72nd session
10 July 2001
Morning




The Human Rights Committee this morning continued its consideration of a third periodic report of the Netherlands by hearing a Government delegation saying that the use of anonymous witnesses had developed in the country in order to protect witnesses from any life- threatening actions by suspects or persons related to the suspects.

In response to questions raised by the 18-member Committee, the Dutch delegation said that police officers who worked undercover also served as anonymous witnesses in cases in which they were involved.

Following the presentation of the Aruba part of the Dutch report, which was introduced by the Dutch delegation in the absence of a delegation from that territory, Experts suggested that the consideration should be deferred if the delegation was not able to provide answers to their questions. Other Experts said that since Aruba was not a State party to the International Covenant on Civil and Political Rights, it was the responsibility of the Netherlands to be accountable to the territories under its jurisdiction.

The Dutch delegation agreed to provide answers on Aruba and on the remaining part of the report on the Netherlands Antilles in the afternoon.

As one of the 148 States parties to the Covenant, the Netherlands must prepare periodic summaries of its efforts designed to implement the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will conclude its dialogue with the delegation of the Netherlands before continuing to discuss its draft General Comment on article 4 of the Covenant concerning derogations by States parties in times of public emergencies.


Response of the Netherlands

The Dutch delegation responded to a number of questions raised by Committee members in the previous meeting. It brought additional answers concerning the practice of euthanasia. Despite the "liberalization" of the act of euthanasia, it still remained a criminal act punishable by law if it was not practised in accordance with the provisions of the new Act. The physician practising euthanasia should fulfil the requirements stipulated in the law.

The delegation said that minors up to 12 years of age were considered to be incapacitated and could not request euthanasia. The law did not allow a substitute decision by adults in favour of the child; euthanasia could not be carried out even if parents requested it; such an act would be considered a criminal offence. Children in the age category of 12 to 16 should obtain the full agreement of their guardians or parents in the event that they requested for assisted suicide.

There was a moratorium for the time being on human cloning, the delegation said. The situation was under supervision, and Parliament was in full control of the situation.

The selection of foetuses on the ground of sex was prohibited in the Netherlands as such acts were considered discriminatory, the delegation said. Only a foetus carrying hereditary diseases could be rejected from developing.

Any suspect detained by police was entitled to be assisted by a lawyer of his own choice, the delegation said. A duty lawyer was assigned to the suspect in the event that the individual had no legal counsel of his own choice. The detainee had also the right to the service of interpretation.

The use of anonymous witnesses had developed in the Netherlands in order to protect the witness from any risk or life-threatening actions by suspects or persons related to the suspects, the delegation said. Police officers who worked undercover also served as anonymous witnesses in cases in which they were involved. The identity of the anonymous witness could only be known to the investigating judge.

A question was asked about the alleged involvement of State officials in the tragic event in which 56 persons died while they were being trafficked to the United Kingdom. The delegation responded by saying that the allegation had not been substantiated.

The delegation said that conscientious objection was no longer being considered as a significant act against State regulations. At present, the practice of active military obligation was not in use and young persons were not forcefully drafted as was the case during the "cold war".

The National Ombudsman had received 677 complaints against police officers in 2000, the delegation said. Only 41.3 per cent of the total complaints were accepted while the remaining ones were rejected as unfounded complaints. In the previous year, 424 complaints had been lodged out of which 47.2 per cent had been accepted.

Minority children had full access to education beginning from primary school to senior classes, the delegation said. Children were encouraged to learn the Dutch language in order to advance in their education. Moroccan and Turkish girls, among others, had made great progress in their education at the secondary level. There was no doubt that the Dutch society had become a multi-cultural society with so many foreign nationalities living in the country. Their integration was encouraged by the Government, the delegation added.

Every inhabitant in the Netherlands enjoyed the right to freedom of religion, the delegation said. However, the Ministry of Finance had found that the Church of Scientology was a not a religious institution and had no such status in the country.

Asked about the age criteria of 65 years with respect to termination of employment, the delegation said that the last 20 years had seen a trend in the country which had now reached the point where only one in three people between the age of 55 and 65 was still working. An increase in the number of people between the age of 55 and 65 in employment was essential to maintain the system of social security, including the pension system, and to guarantee lasting economic growth.

Dutch legislation did not contain an age criteria for termination of employment, the delegation said. The worker could continue working after the age 65 if he or she so wished. The only implication of the case-law was that when an employer terminated an employment contract at the age of 65, that was not considered discrimination and was legal.

Answering a question on the low participation rate of ethnic minorities in the labour market, the delegation said that the Government recognized that the unemployment rate among ethnic minorities was still relatively high compared to the rate among indigenous persons. The Government had adopted an action plan which aimed at the reduction of the difference between the unemployment rate among indigenous Dutch people and ethnic minorities by 50 per cent in the period 1998-2002.


Introduction of the Aruba Report

HENK COR VAN DER KWAST (the Netherlands), introducing the Aruba part of the Netherlands report, said the Aruban Government regretted that it had not been able to send a delegation to the meeting. Aruba's young and advanced Constitution, which was introduced in 1986 when Aruba had obtained its separate constitutional status, contained the main legal safeguards required by the human rights conventions. In addition, concentrated efforts had been made to rapidly modernize legislation where necessary. That had resulted in modern legislation based on the human rights conventions and also in legislative projects that were on the point of completion.

In 1999, the preparation of a draft State Ordinance on the treatment of juvenile offenders was started, Mr. van der Kwast said. The Ordinance would provide for a new criminal sanction system for juvenile offenders aimed at providing special sanctions that would do as little damage to the offenders as possible and would contribute to their socialization. The draft was expected to be sent to the Advisory Council in the second half of the current year.


Response to Questions Raised on Aruba

In the absence of an Aruban delegation incorporated in the team of the Netherlands, the Dutch delegation responded to the written questions prepared by the Committee members in advance.

The delegation said that the amendment of the existing Police Complaints Decree was still in progress; and although a new draft had been developed instituting an impartial body for receiving complaints, it had not yet entered into force; consultations with the police had not yet resulted in final conclusions.

The draft State Ordinance on the penitentiary system and other forms of detention had been thoroughly revised and sent to the Advisory Council for the second time, the delegation said. It had been sent to the Council before, but was not approved at the time. The revised draft would be sent to Parliament in the second half of 2001.

The participation of women in politics showed an increase between 1983 and 1997, the delegation said. The participation of women in public senior positions had also increased slightly since Aruba gained its autonomous status in 1986. At present, two of the seven ministers were women.


Discussion

In a brief discussion on the situation of the presentation of the Aruba report, some Committee Experts were of the view that since Aruba was not a State party to the Covenant, it was up to the Dutch Government to decide on the composition of the delegation to present the report. It was the Kingdom of the Netherlands which was party to the Covenant. It was suggested that the Committee suspend consideration of the Aruba report and offer its conclusions on the report of the European part of the Dutch Kingdom.

Other Experts indicated that Aruba and the Dutch Antilles came under the jurisdiction of the Netherlands; they were not separate and independent States; and they were not among the 148 States parties to the Covenant. Several Committee members said it was up to the Dutch State to decide on the composition of its delegation and to answer questions concerning those islands. The Government of the Netherlands, as signatory of the treaty, was accountable to all territories under its responsibility. The delegation was able to provide answers to all questions raised in connection with the territories in question. The absence of a delegation from those territories was merely an internal matter concerning the Dutch Government.




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