The Netherlands Committee of Jurists for Human Rights (NJCM) has congratulated Prime Minister Mark Rutte on his new government and offered its review of the human rights implications of his cabinet's policy positions.

Although the NJCM is content that the government agreement 'Confidence in the Future' pays positive attention to human rights in multiple areas, it also expresses its concerns. Several issues require special attention, according to the NJCM: protection of privacy, enforcement of human rights in the fight against terrorism, the right to a sustainable climate and a couple of subjects that relate to migration.

Privacy

The government agreement deals with issues related to privacy and the protection of personal data, such as counter-terrorism measures and the expansion of the possibility of DNA research; the Security and Intelligence Services Act; the bill on the adaptation of the storage obligation for telecommunications data; the proposed license for sex workers and fighting fraud in social security.

The NJCM notes that strong safeguards for the protection of privacy of those involved are often lacking. The new Intelligence and Security Act creates the unwanted possibility of arbitrary and massive collection of data from citizens in the Netherlands or abroad. Moreover, the new System Risk Indication (SyRI) has too broad competences, without sufficient safeguards. Risk profiling is particularly problematic in this regard, as it poses a real risk of discrimination. The NJCM agrees with the criticisms of the State Council and the Personal Data Authority.

The Council of State concluded in its opinion on SyRI: "There is hardly any personal data that does not qualify for processing. The list does not seem intended to limit, but to open it up as much as possible."

Some of the above-mentioned laws also involve great risks with regard to the professional secrecy of, for example, doctors and lawyers, the source protection of journalists or the critical social role of NGOs. Also, mass storage of data can have a chilling effect on the freedom of speech and information.

When interfering with the privacy of citizens, legal safeguards are crucial. The NJCM points out again that assessment by a judge beforehand is the most desirable form of supervision and in line with European case law. It calls on the cabinet to codify this and many other safeguards.

Terrorism

The NJCM has in the past already expressed its critical opinion on the protection of human rights in the fight against terrorism. The expansion of various powers without sufficient consideration for the effectiveness and proportionality of the expansions causes concern.

This government is committed to prolong the provisional detention of Dutch nationals who went to Syria to fight. It also proposes to take DNA samples of suspects of terrorist attacks. However, the arguments for treating terrorism suspects differently are not convincing. Other crimes, such as child abuse, human trafficking, international organised crime and international tax fraud also require complex investigation and involve potentially dangerous perpetrators. The NJCM therefore demands that the cabinet sufficiently substantiates the necessity of the proposed amendments.

The Netherlands will become sustainable

The government agreement mentions that the Netherlands will have an "ambitious environmental policy". We welcome that. The effective protection against the negative effects of climate change is also a human rights obligation for the government.

This is especially the case for gas extraction in Groningen. Irresponsible gas extraction is contrary to the right to life, health and housing. This year, the NJCM, on behalf of a coalition of NGOs, reported on this topic to the UN Economic, Social and Cultural Committee. This committee has called on the Dutch government to take measures to ensure the physical and mental health of people living in the Groningen region, as well as to ensure the safety of their homes. The government has also been called upon to compensate for damages and to ensure that future damage is avoided.

For the same reason, it is worrisome that a number of ambitions in the government agreement have not been formulated urgently enough. This concerns for instance the proposed measure to "have all coal power stations closed in 2030". In reality, this means that these stations will remain open until 2030, which puts a heavy burden on the already limited future carbon emission budgets.

The same lack of urgency can be seen in the fight against global warming. The government is aiming for a 49% reduction in greenhouse gas emissions, although the Netherlands advocates for a higher reduction standard of 55% within the EU. Additionally, the government wants to be able to deviate from this low 49% standard, while an even lower standard does not belong to the "safe" options according to the Paris climate agreement.

The NJCM urges the cabinet to implement its climate policy in accordance with human rights.

Migration

The government has a number of plans to regulate migration, such as the conclusion of agreements with so-called safe third countries to regulate migration flows to Europe. The NJCM recalls that such an agreement, the EU-Turkey Agreement, was heavily criticised by various academics and organisations, not only for its lack of effectiveness - refugees choose other routes to Europe - but also because it undermines human rights, including the right to asylum, the prohibition on collective expulsion and non-refoulement.

The NJCM finds it worrisome that the new cabinet proposes to close more of these agreements and calls on the cabinet to safeguard the key values of asylum law.

Finally, the NJCM wants to highlight several problems with the shelter for migrants without a residency permit. The NJCM fears that the proposal to only offer two weeks of shelter in one of the eight national foreigner facilities (LVV) is not sufficient time to leave. In the Hunde case in 2016, which centered on the Dutch asylum policy, the European Court of Human Rights ruled that the Netherlands does enough to prevent inhumane treatment (Article 3 of the European Convention on Human Rights). The Court took into consideration the Restricted Reception Centre (VBL), the "not-your-fault" declaration and the organisation of the municipal 'bed, bath, bread' shelters.

With this judgment in mind, it is conceivable that the LVV construction in the new government agreement is not sufficient to prevent a conviction from the Strasbourg court. The United Nations has also pointed out this year that shelter for migrants without a residency permit has to be in line with human rights.

The NJCM asks the cabinet to design its shelter for migrants without a residency permit in accordance with human rights, so that no one is left out in the cold.

Here you can download the full text, including footnotes.