A/HRC/8/31
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70. Switzerland, taking note of the new anti-terrorism legislation, which extends the scope of
manoeuvre of services in charge, recommended that measures be implemented in respect of
international human rights obligations, including the right to a fair trial and the right to freedom and
security of the person. Switzerland asked whether the newly established Article 1 Association may
receive complaints by individuals concerning discrimination, whether these complaints will be
submitted to courts on behalf of victims, and whether they will be incorporated in statistics. Lastly,
Switzerland invited the Netherlands to provide information on its action plan on human rights
education, noting that other States could benefit from its conclusions.
71. New Zealand noted with concern that there is growing polarization in the Netherlands
between people of Dutch origin and immigrants, and the rising tide of racist and xenophobic
sentiments this has generated. It asked how much progress the Netherlands has made in establishing
a national human rights institution based on the Paris Principles, which had been one of its pledges
for the Human Rights Council. New Zealand recommended that the Netherlands take the necessary
steps to establish this institution, which would play an important role in ensuring the protection of
human rights and fundamental freedoms that form the very basis of Dutch society.
72. Saudi Arabia noted that the phenomenon of discrimination, targeting in particular Muslim
communities, was proof of the deteriorating living conditions of these communities. With reference
to the film “Fitna”, which was provocative and an unacceptable exploitation of freedom of
expression, it noted that the Netherlands had legislation but that international standards relating to
prohibition of discrimination were not effectively enforced. It requested information on measures
the Netherlands has taken to deal with Islamophobia and to raise awareness in order to promote
tolerance and mutual respect. Taking into account measures and legislation, Saudi Arabia
recommended to enforce legislation on equality and non-discrimination, adopt measures to combat
Islamophobia, and to work on promoting a society of tolerance through educational measures.
73. Sweden asked a follow-up question with respect to trafficking. It noted that the Government
has taken measures to combat trafficking in human beings, as described in its national report. In her
2007 report, the National Rapporteur on Trafficking issued a number of recommendations on
further measures to be taken and to strengthen provisions for assistance to victims. Sweden asked if
the Netherlands could elaborate on its view on these recommendations and other proposals made by
the National Rapporteur.
74. The State Secretary of Justice indicated that the Netherlands has established a national human
trafficking task force, with the duty to combine and coordinate all efforts of existing institutions,
such as special police units and the National Rapporteur. The task force will exchange best
practices and eliminate bottlenecks, with a view to adding to existing infrastructure.
75. The State Secretary of Justice stated that all inhabitants are protected against discrimination,
be they Dutch nationals or migrants. The equal treatment law applies to the European part of the
Netherlands. The Netherlands Antilles is considering a similar act on equality of treatment. She
stated that various data, such as on health, trade union membership or criminal convictions
constitute special data. Processing such data can be a breach of privacy, so there are specific
restrictions in the law in this regard. Such data can only be revealed in circumstances where it is
inevitable to do so. She added that by 2009 the national network of anti-discrimination bureaus will
cover the entire country and local governments will be required to provide assistance. A public
information campaign will be launched to assist victims of discrimination in filling out reports.
76. The State Secretary of Justice stated that the European part, Aruba and the
Netherlands Antilles are three co-equal fully autonomous partners in their respective affairs. The
Netherlands had stressed its concerns with the findings of the European Committee for the
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