A/HRC/8/31
Page 3
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its first session from 7 to 18 April
2008. The review of the Netherlands was held at the 13th meeting on 15 April 2008. The delegation
of the Netherlands was headed by H.E. Ms. Nebahat Albayrak, State Secretary for Justice, Ministry
of Justice. For the composition of the delegation, composed of 18 members, see appendix below. At
its 17th meeting held on 18 April 2008, the Working Group adopted the present report on the
Netherlands.
2.
On 28 February 2008, the Human Rights Council selected the following group of rapporteurs
(troika) to facilitate the review of the Netherlands: Peru, Pakistan, Nigeria.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were
issued for the review of the Netherlands:
(a) A national report submitted/written presentation made in accordance with paragraph 15
(a) (A/HRC/WG.6/1/NLD/1);
(b) A compilation prepared by the Office of the High Commissioner for Human Rights
(OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/1/NDL/2);
(c) A summary prepared by OHCHR, in accordance with paragraph 15 (c)
(A/HRC/WG.6/1/NLD/3).
4.
A list of questions prepared in advance by Denmark, Finland, Italy, the United Kingdom of
Great Britain and Northern Ireland, France and Sweden was transmitted to the Netherlands through
the troika. These questions are available on the extranet of the Universal Periodic Review.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5.
At the 13th meeting on 15 April 2008, the State Secretary for Justice, Ministry of Justice,
introduced the national report. She noted that there is currently an active discussion about
fundamental human rights in the Netherlands, and that human rights have a strong basis in
legislation, policy and the enforcement process of the Netherlands. She stressed that the
Netherlands does not expect only to receive compliments during the review, but is open to criticism
and suggestions. She indicated that as a part of the Kingdom of the Netherlands, the Netherlands
Antilles and Aruba also subscribe to many United Nations treaties and underlined that the
representatives of the Netherlands Antilles are here as part of the delegation of the Netherlands.
6.
Dutch society is characterized by pluralism with a wide range of ideologies, beliefs, lifestyles
and value patterns. Freedom makes this pluralism possible. The Constitution of the Netherlands and
human rights conventions have anchored these freedoms and are therefore a source of shared basic
values. The State Secretary for Justice stressed that the Constitution does not have any order of
precedence for the fundamental rights. Case law offers good insight into specific situations in which
one fundamental right weighs more heavily than another.
7.
Regarding prevention of terrorism, the State Secretary for Justice noted that respect and
attention for human rights and the rule of law are starting points. She indicated that the Netherlands
combats radicalization that precedes terrorist activities. One of the factors contributing to
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