Freedom in the World 2004 - Netherlands

Political Rights: 1
Civil Liberties: 1
Status: Free
Population: 16,200,000
GNI/Capita: $24,330
Life Expectancy: 78
Religious Groups: Roman Catholic (31 percent), Protestant (21 percent), Muslim (4.4 percent), unaffiliated (43.6 percent)
Ethnic Groups: Dutch (83 percent), other [including Turks, Moroccans, Antilleans, Surinamese and Indonesians] (17 percent)
Capital: Amsterdam

Overview

The Christian Democrats (CDA) narrowly won in national elections in January 2003 and, after four months of talks, formed a coalition government with the People's Party for Freedom and Democracy (VVD) and the Democrats-66 (D66). In April, Human Rights Watch (HRW) issued a report critical of Dutch asylum policy, which HRW argued violates human rights standards issued by international bodies.

After the Dutch won their independence from Spain in the sixteenth century, the House of Orange assumed sovereignty over the United Provinces of the Netherlands. A constitutional monarchy emerged in the 1800s with a representative government. The Netherlands remained neutral in both world wars, but was invaded by Nazi Germany in 1940. The occupation ended in 1945, after five years of harsh rule during which Dutch workers were forced to work in German factories and Dutch Jews were deported to concentration camps. The Netherlands ended its neutrality when it joined NATO in 1949; it then became, in 1952, one of the founding members of the European Coal and Steel Community, the precursor of the European Union (EU).

Following the shooting death in May 2002 of far-right politician Pim Fortuyn, his newly formed party, the Pim Fortuyn List (LPF), went on to win second place on an anti-immigrant platform in national elections that same month. The fortunes of the LPF were short-lived, however, when infighting within the party led to a collapse of the new government in October and new elections were called for 2003.

During the January 2003 elections, 80 percent of those registered voted and nine parties won seats in parliament. The CDA received more than 28 percent of the vote and 44 seats, just above the Labor Party (PvdA), which received around 27 percent and 42 seats, and the VVD, which received 18 percent and 28 seats. The LPF dropped to fifth place with only around 6 percent of the vote and 8 seats. Following four months of talks and a failed attempt to form a broad center-left coalition with the PvdA, the CDA brought the VVD and D66 into a center-right coalition with a slim majority of only 6 seats.

In April, an animal rights activist, Volkert van der Graaf, was sentenced to 18 years in prison for the 2002 murder of Pim Fortuyn.

A report by HRW in April targets the Netherlands's Aliens Act, which went into force in 2001 and is intended to discourage economic migrants while accelerating the process for people seeking political asylum. HRW argues that the new policy violates fundamental asylum and refugee rights.

Political Rights and Civil Liberties

The Dutch can change their government democratically. The 150-member lower house, or Second Chamber, is elected every four years by proportional representation and passes bills on to the 75-member upper house, or First Chamber, for approval. Foreigners resident in the country for five years or more are legally eligible to vote in local elections. Uniquely among the EU member countries, mayors are not elected in the Netherlands but appointed from a list of candidates submitted by the municipal councils. The queen appoints the Council of Ministers (cabinet) and the governor of each province on the recommendation of the majority in parliament.

The Netherlands has little or no problem with corruption. Transparency International's Corruption Perceptions Index has ranked the Netherlands seventh two years in a row, from 2002 to 2003, with scores in the "highly clean" area.

The country's media are free and independent. Restrictions against insulting the monarch and royal family exist but are rarely enforced. Despite a concentration of newspaper ownership, a wide variety of opinion is expressed in the print media. Internet access is not restricted.

The Dutch constitution provides for freedom of religion. Religious organizations that provide educational facilities can receive subsidies from the government. Members of the country's small Muslim population have encountered an increase in racist incidents in the last two years, including vandalism, arson, defacing of mosques or other Islamic institutions, harassment, and verbal abuse. The LPF won significant support in 2002 running on a platform that characterized Islam as a backward and intolerant culture that oppressed women and homosexuals. In late 2002, Hilbrand Nawijn, an LPF member of parliament who was the immigration minister, caused an international stir when he suggested that only Dutch should be spoken in the country's 450 mosques. Academic freedom is not restricted.

People have the right to assemble, demonstrate, and generally express their opinions. Workers have the right to organize, bargain collectively, and strike.

The judiciary is independent, and the rule of law prevails in civil and criminal matters. The police are under civilian control and prison conditions meet international standards. The population is generally treated equally under the law, although HRW has criticized certain aspects of the accelerated asylum determination procedure (AAC), which is part of the new Aliens Act. The new procedure, which is used to screen out 60 percent of asylum claims and seeks to discourage economic migrants while accelerating the process for people seeking political asylum, gives applicants little time to prepare their cases to prove their need for protection or challenge a negative decision or appeal, or to receive meaningful advice from a lawyer. A report by Human Rights Watch also pointed out shortcomings in the treatment of migrant and asylum-seeking children and poor reception conditions for immigrants.

The Dutch are known for their liberal values and laws; among these are tolerant attitudes toward so-called soft drugs like marijuana and the legalization of euthanasia in 2001. The Netherlands, along with Belgium, is the only state that allows homosexual marriage. In 2001, four homosexual couples were married in Amsterdam as a result of a law that also allows gay couples to adopt children.

The Netherlands is a significant destination as well as a transit point for trafficking in persons, particularly women for sexual exploitation. The Dutch government, however, has made significant efforts to investigate and prosecute traffickers through the National Rapporteur on Trafficking in Human Beings. The 2000 Prostitution Law makes illegal employment of prostitutes a crime. Women currently hold 37 percent of the seats in parliament.