4.2 Current policy and policy reinforcements – General

The police officers who make up the Pink in Blue network support the LGBTIQ+ community, for instance by reporting incidents when requested and wherever possible. The NCDR recognizes the necessity of maintaining the national telephone contact number for Pink in Blue, so that it remains accessible and any reports can be followed up on.

The police exists for everybody and by the grace of everybody, and serves the whole of society. The police wishes to be inclusive and to be a true reflection of society. One question currently occupying society is whether this desire is expressed in the regulations laid down in the lifestyle neutrality code of conduct. This code specifies that police employees (and special investigating officers), while on duty in uniform, must refrain from all expressions reflecting a political, religious or other preference – which could thereby detract from a safe and neutral professional attitude – which prevents certain groups of people being eligible to perform police tasks.

At the same time, the Dutch Parliament recently tabled two motions i to emphasize that the secularity of government is of special value in our state structure and that, as a result, any expressions of religious conviction on the police uniform are inappropriate. It turns out that the social discussion on this topic is far from reaching its final conclusion, and the discussion on the extent to which religious expressions such as a headscarf or a yarmulke as part of the clothing of, for example, a police officer detract from the neutrality of the government needs to be continued. With a view to the future, the NCDR is keen to engage in that dialogue with all affected parties and stakeholders.

In line with the Regional Mayors’ proposals – the Regional Mayors’ Strategic Agenda 2022-2025 – a wide-ranging investigation by an independent research institute is due to take place in the police into discrimination and racism within the police organization, which will partly be aimed at determining the effectiveness of the police force’s own antidiscrimination policy. The State Commission against Discrimination and Racism could take up this investigation.

Legal system

There may be good reasons not to punish the perpetrators of discrimination and racism by merely sentencing them to a fine or imprisonment, but to consider whether additional community service (or a training order for juveniles) would be advisable. The purpose would be to make it clear to perpetrators why discrimination and racism are unacceptable. Because these punitive measures clearly show the impact of discrimination and racism on victims, they are expected to be effective in preventing repeat offenses. By way of illustration, in the past a few people who had expressed their antisemitic sentiments were ordered by the court to perform community service, which was to be carried out partly in the Anne Frank House. i

Depending on the discriminatory ground, several civil society organizations may be called upon to develop ideas for an educational program for young offenders. These organizations (for example the Anne Frank House and COC, a Dutch LGBTIQ+ organization) may also have a role to play in the implementation of these training orders.

Good examples of similar options for imposing sanctions are found in minor traffic violations. The Educational Measure Alcohol is a well-known example, under which a person convicted of a drink driving offence is required to follow a compulsory rehabilitation course. Similarly, an ‘Educational Measure Discrimination’ may be introduced as a type of alternative training order.

Institutional racism

There are growing calls – expressed among others by the Council for the Judiciary – for a constitutional review of formal laws. Although formal laws can already be reviewed on the basis of the fundamental principles of law as formulated in international treaties, the same purpose could equally well be served by our own Constitution, also because our own Constitution is better known to Dutch citizens.

The Government recently sent an outline letter on this subject. i

We must attempt to avoid any elements of exclusion in our laws. Even if such an element is neutrally formulated, it can in practice result in the indirect exclusion of groups of people based on their socioeconomic class, income or other characteristics. In that context, the Government intends to identify as soon as possible the potential effects that the Money Laundering and Terrorist Financing (Prevention) Act has on specific groups of people in practice, and the consequences these have for their ability to participate in the financial services sector. This identification process is in line with a motion adopted on March 30, 2022, which calls upon the government to urgently investigate the risk selections that banks employ to implement the Money Laundering and Terrorist Financing (Prevention) Act. i

It is also essential for tackling institutional discrimination that existing government inspectorates have a clear understanding of institutional discrimination within their purview and are able to take enforcement action where necessary. A general guideline for inspections is being prepared for that purpose.