Why do violations persist?

Human rights violations and crimes against humanity persist in the Netherlands due to the absence of a clear separation of powers. Additionally, the absence of constitutional lawyers is notable, given that the courts lack the authority to review the constitutionality of Acts of Parliament and treaties. Consequently, there exists no constitutional or legal mechanism safeguarding human rights. Furthermore, the Netherlands’ criminal code lacks a hate crime provision.

Of utmost importance, as highlighted by the Netherlands Justice Ombudsman in a scathing report, is the assertion that “The Dutch State is persistently corrupt.”

Compounding the issue, human rights organizations are barred from conducting field investigations. Instead, they receive substantial government funding annually, amounting to millions of euros. In return, the government provides the necessary information for the State Department’s annual Country Reports on Human Rights Practices. The Dutch government, however, manipulates data to present a favorable image, resulting in reports that omit mentions of ongoing human rights violations and crimes against humanity.

As illustrated below, victims are compelled to file complaints with the very parties responsible for violating their rights. Consequently, perpetrators enjoying absolute immunity can dismiss complaints or deny any wrongdoing, allowing violations to persist. This contravenes the principle of ‘nemo judex in causa sua,’ as the perpetrators effectively adjudicate their own case.