Elections in the Netherlands: what the outcome of the Dutch Elections says about the universality of human rights

Demonstration for the rights of refugees in Lausanne, France on 15 September 2015  (cc-by-nc-nd)
Demonstration for the rights of refugees in France on 15 September 2015  (cc-by-nc-nd)

Demonstration for the rights of refugees in France on 15 September 2015 (cc-by-nc-nd)

 

By Arja Oomkens -

 

“Will you consider the rights of children when you vote this week?”

- “Sure! Who are you going to vote for?”

“I don’t have a residence permit, so I’m not allowed to vote.

- “Really, how come? Your Dutch is perfect!”

 

Last week, Anood (22) campaigned for children’s rights before the final debate on the Dutch parliamentary elections in The Hague. Her goal was to encourage young adults to go and vote, and for them to consider their impact on the protection of human rights. She described to passersby her daily reality of feeling Dutch while living in fear of being sent back to Iraq – a country that she has no connection with, because she grew up in the Netherlands. She hoped to engage youngsters to think about the significance of their vote: “Especially during elections, citizens cannot avert their eyes. Every vote makes a difference.”

 

In 2008, Anood fled with her family from Iraq to the Netherlands. Nine years later, she has a high school degree and studies biology in The Netherlands, speaks fluent Dutch, and has built up a large network of friends. And yet, every day Anood wakes up with the possibility of being sent back to Iraq. How is it possible that she still has no residence permit?

 

In 2012, the newly elected members of parliament were posed similar questions. This resulted in arrangements being made for a so-called Child Pardon Act. The aim of this act was to grant residency to children who had resided in the Netherlands for at least five years. For the first months of 2013, this policy worked reasonably effectively. But after May 2013, the criteria became so strict that hitherto 95% of children’s applications have been rejected.

 

The main reason for rejection is the fact that the legal status of children depends on the actions (or inactions) of their parents or guardians. For example, children who apply for the Child Pardon Act are rejected if their parents do not “cooperate” with the authorities by leaving the Netherlands. When parents are awaiting appeal in their own asylum-procedure, they are expected to leave the Netherlands during this period, and take their children with them. For this reason, the Child Pardon Act did not offer a solution to Anood, and more than thousand other children. These children are punished based on the unreasonable criteria their parents have to fulfill.

 

The Child Pardon Act is an illustrative example of the overly strict and inadequate immigration law and policy in the Netherlands. Being too restrictive, it unfairly excludes children who have resided in the Netherlands for over five years, leaving them with no clear future perspective.

 

It also illustrates how political (and public) support for the rights of refugees, and in effect human rights, has eroded over the past few years in the Netherlands. The outcome of last week’s elections confirms this. Despite Anood’s plea, the results show that the majority of Dutch citizens did not vote for the universality of human rights. For various reasons, many Dutch citizens see their own rights eroding and are inclined to vote for right wing parties that promise their protection. While Prime Minister Mark Rutte made some highly controversial statements during his election campaign, his political party still became the largest in parliament. In his most widespread election-statement, a letter to “all Dutch citizens,” Rutte stated: people “who come to our country […] misuse our freedom and spoil everything” must either “behave normally, or go away.”

 

This normalization of the use of discriminatory language is a cause for concern. By alluding to immigrants in his election-statement, Prime Minister Rutte generalizes all immigrants as belonging to the same group, blaming them for all sorts of disturbances in Dutch society. First of all, from a legal perspective, this is problematic since the protection of human dignity and non-discrimination are considered universal and fundamental in European and international law, whereas Rutte implies that such rights are rather relative. Second, the normalization of such discriminatory language has great implications on a societal level, as it constructs and reinforces a social hierarchy between people, and groups of people, and furthers polarization. In the run up to the elections, Dutch-Moroccan producer Abdelkarim El-Fassi pointed out how he experiences this polarization on a personal level. While he grew up in the Netherlands and has always been open-minded, the current political debate makes him want to withdraw into the Dutch-Moroccan community.

 

To create space for understanding individual situations, such as the situation of Anood and her family, steps must be taken to condemn the normalization of discriminatory language. One option is via legal avenues, such as the Dutch court that found far-right leader Geert Wilders guilty of inciting discrimination against Dutch Moroccans – although this arguably worked out to his advantage. Therefore, most importantly, discriminatory language must be condemned by public opinion. A first step in this direction is to engage in personal contact. In doing so, individuals and groups move closer to each other, and towards a more cohesive society – as a recent study by Dutch news website De Correspondent aptly illustrates. Through an open and active attitude of Dutch residents, and by having voices like Anoods be heard – as well as the many other diverse voices of people in similar situations in the Netherlands – it becomes easier to sympathize with one another.

 

“Citizens cannot avert their eyes,” Anood said during the election campaign. When open communication and condemnation of discriminatory language becomes the norm, there is no need to fear for the devaluation of human rights as universal values. As the conversation between Anood and a man on the street in The Hague shows, there is a great discrepancy between the urgency of the plight of refugee and immigrant children in The Netherlands and a general understanding of their situation. Because of the open conversation Anood initiated there in The Hague, this man can put a face and voice together with a clear example of the inadequacies of Dutch immigration policy. But not all people in situations like Anood’s are fluent in Dutch or have a platform to tell their stories. Hopefully, her example can serve as an opportunity to open up the debate; to move beyond the current rhetoric, and inform people of the restrictive immigration policies enforced throughout the country on people like Anood, who have as much right to be here as any other Dutch person.

 

 

 

 

 

 

Mass Atrocities in the Digital Age – Can We Stop a Genocide With Our Cell Phone?

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6573384761_04390963e1_b

Todd Lappin  (CC-BY)

 

By Koen Kluessien -

“Never again” is an oft-repeated quote at Holocaust remembrances and unlike the adagio “lest we forget”, it encompasses a call to action to prevent future mass atrocities. The idea is that through remembering past atrocities history will not repeat itself – a notion that was also echoed in international policies. For example, in 1948 the United Nations established the Universal Declaration of Human Rights, a concept that arose directly from the experience of the Second World War. Still, the declaration’s thirty articles could not stop South Africa’s ruling National Party that was then introducing apartheid as an official government policy. This lack of direct action became exemplary for policies that followed.  In 2005 the Responsibility to Protect (R2P) was endorsed by all member states of the United Nations to prevent genocide, war crimes, ethnic cleansing, and crimes against humanity. However, due to international political divisions, the Security Council has failed to uphold its basic function: the maintenance of international peace and security. Now it seems independent organizations are taking matters in their own hands to prevent and deal with mass atrocities How? Through technology.

Genocides do not happen over the course of a day, it is a long-term and deliberate process. This means that although only military intervention will stop the extermination, there are other means of ending the process before it reaches the phase of mass killing. This is especially important to note given the fact that most national governments and transnational organizations such as the United Nations are reluctant or do not have the resources to intervene. In ten stages Gregory Stanton has explained how the process of most genocides has to go through each of the phases before it can reach a new level. Stanton emphasizes that the ten stages are predictable and above all, can be stopped by preventive measures.

The Sentinel Project is one of many organizations attempting to prevent future genocides with the help of technology and Stanton’s ten stages of genocide. One of the obvious strategies of the organization is to gather information through social media. Twitter and Facebook have already demonstrated to be very successful assets to retrieve information from repressive regimes. A slightly more elaborate endeavor is to ‘crowdsource’ information through mobile phones. Ushahidi (meaning “testimony” in Swahili) is one application through which people have mapped reports of different crises. Through the app, users can retrieve, manage, and map data. This way researchers and policy makers will have a bulk of shared information instead of a number of individual entries. Or in the words of the creators of Ushahidi:

We built software to meet our own needs: the need to tell the story – the many stories – that were unfolding, spreading, exploding in an informational vacuum. We began as technology users who focused on making our own communities more resilient.

 

data-management

Source: https://www.ushahidi.com/

 

Still, these techniques predominantly focus on those phases in the genocidal process in which much of the harm has already been done. The Sentinel Project’s most exciting field of expertise is the area in which technology can play a role in the actual prevention of genocides. Even Hollywood actor George Clooney wants a part in it. Together with the Sentinel Project’s founder John Prendergast Clooney has conceived the Satellite Sentinel Project (SSP), during a joint visit to South Sudan in 2010. The Project produces reports on the state of the conflict in the regions between Sudan and South Sudan. Through satellite imagery and analysis, the project draws up reporting that is then sent to the press and policymakers. Clooney has jokingly referred to it as the “anti-genocide paparazzi”. Although the organization’s  subtitle “The world is watching because you are watching” has a Hollywood-like flair to it, it is a new form of research that is to be taken seriously. SSP has already located numerous human rights violations. The organization was for example the first to find evidence of the destroying of the villages of Maker Abior, Todach, and Tajalei in Sudan’s Abyei region.

 

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Satellite image of the burning of Tajalei, Sudan (6 March 2011). Source: Digital Globe/Satellite Sentinel Project

 

One does not have to be a spy anymore to use satellite imagery. These days, there are numerous companies that have half a dozen satellites orbiting around the globe for your viewing pleasure. Some images can display about 50 cm² in each pixel of your computer screen. To be more specific: it is detailed enough to tell the difference between cars and military trucks and track the movement of troops from space. Lars Bromley, a high-ranking UN imagery analyst, has described the private satellite imagery as “Google Earth on lots of steroids”.

Unfortunately, the SSP was disbanded in 2015. According to its founders this was due to the start of a new project in which Prendergast and Clooney try to dismantle the networks of perpetrators and facilitators of armed conflict through the analysis of their financial supporters. Yet it must be taken into account that a lack of success must have played a role in the disbanding of the organization. Although the organization was fairly successful in indicating human rights violations, it never led to any serious direct impact. Crisis mapping expert Patrick Meier states that one important reason for the lack of success is time. It takes between eight to twenty-four hours for the satellite imagery to develop, whereas raiding a village can be done in less than a few hours. More importantly, deterrence is a strategy that only truly works when governments threaten with direct and immense retaliation so that aggressors will suffer great damage as a result of their action. Clearly, this was not an option for the SSP, an independent organization without any military or police force.

The lack of direct impact on conflicts should not be a reason to simply stop using technology to end human rights violations. The problem is not the way in which the data is gathered, but the implementation of the information. Clearly, satellite imagery and information sent from mobile phones in the region should not be focused on the deterrence of genocidaires. Instead, it should be a way to hold our own governments accountable to their Responsibility to Protect. In the past, R2P as a mere commitment signed by UN member states has proven to be inadequate. Still, with more organizations finding ways to implement technology in their analyses and more people documenting what is happening on the ground, governments can be held accountable with more up-to-date and detailed reports of human rights violations. By all means, technology will contribute to R2P’s third pillar that focuses on the fact that

in a rapidly unfolding emergency situation, the United Nations, regional, subregional and national decision makers must remain focused on saving lives through “timely and decisive” action […].

We have to be tenacious in finding new tools for genocide research. Only then will technology play a role in winning the fight against genocide.

Populist rivalry: Trump’s impact on the future and politics of Israel

Trump_CPAC_2011

 

Trump_CPAC_2011

 Trump speaking at CPAC 2011 (creative commons).

 

By Laurien Vastenhout

 

After a period of disbelief and evasive responses, the world now has to face that Donald Trump is President of the United States. To the extent possible, Trump’s measured victory speech in November was ‘hopeful’; at least his tone had softened somewhat. It was not unthinkable that he had played a harsh election campaign, but in practice would be more appeasing. These were encouraging signs. However, the interview with the UK’s Times and the German tabloid Bild last week indicated that there was no moderation after all. With Trump’s support of the UK’s ‘hard’ Brexit, and China’s president Xi Jinping’s announcement to protect the world’s economy against Trump, it seems that the entire world politics and economy is about to change over the course of the coming months and years. One of the crucial topics that has to be examined in this context is the everlasting conflict between Israel and Palestine in the Middle East and the role of the United States herein. A friend and true (financial) supporter of Israel for many years, Trump is about to break with the decades of cautious US policy vis-à-vis the conflict. What can we expect from the Trump administration in the Middle East? And is Benjamin Netanyahu, current Prime-minister of Israel and chairman of the right-wing Likud Party indeed as happy with the Trump’s support as it seemed in his tweet of December, 28 2016, in which he thanked Trump for the warm friendship and clear-cut  support for Israel? This article seeks to create insight in the multiple dangers that lie ahead.

 

There are two individuals Trump nominated on central positions who we should investigate more closely: David Friedman, appointed ambassador to Israel, and his son-in-law Jared Kushner. Friedman is a pro-Israel hardliner, and strongly opposes the two-state solution. Being part of Trump’s advisory team, David Friedman co-authored a 16-point action plan in November last year in which his views on the difficult situation in Israel/Palestine are outlined. The Trump administration will ensure that ‘Israel receives maximum military, strategic and tactical cooperation from the United States’, the plan stated. Between the lines, one can read the rejection of the apparent ‘anti-Israel’ attitude of the United Nation (UN) members– see the recent United States Security Council resolution from which the US abstained –  and a strong support for an undivided Jerusalem capital. The latter is a highly sensitive topic as Palestine seeks to maintain the Eastern part of Jerusalem as future capital of Palestine, while Israel believes all of Jerusalem should belong to their country. The attempted relocation of the Main Office of the US Embassy from Tel Aviv to Jerusalem therefore is an important indicator of the political line chosen by the Trump administration. Moreover, Friedman is president of the American Friends of Beit El, which supports Israeli hardline settlement movements and believes that Israel is legally entitled to annex the West Bank.

 

Trump’s son-in law Jared Kushner, who is appointed to orchestrate a deal between Israel and Palestine has no experience with politics in the Middle East at all. Although, as an orthodox Jew, he is undoubtedly concerned with the area, his complete unfamiliarity with both Israeli and Palestinian politicians is disquieting. Kusner’s links to a far-right Jewish settlement in the West Bank, to which he donated money, are not very promising either. Clearly, the settler movement will have solid backing in Trump’s administration. Palestinians and their allies have repeatedly called on the UN to force Israel to stop with the settlements as it causes hindrance to serious negotiations. As a result, one of Trump’s major political goals, to reach an agreement in the ongoing conflict, seems a utopian line of thought. All of these difficulties, added to his wish to pull out of the nuclear pact signed with Iran in 2016, raise concern about the position of Arab countries of the Middle East.

 

Ironically, Trump’s presidency does not only raise difficulties for Arab countries and Palestine in particular; Benjamin Netanyahu might in fact be not so happy with Trump’s involvement in the region either. Netanyahu’s policies on the settlements in the West Bank over the past years can be characterised by ambiguity and delay. By pretending to keep a two-state solution alive, Netanyahu has often safeguarded the support of the United Stated for himself at the cost of more right-wing politicians. Now important positions in the Trump-administration are taken by pro-settler politicians, this tactic has become ineffectual. Haaretz columnist Chemi Shalev has somewhat ironically indicated that Trump is in fact making Netanyahu seem a ‘left wing defeatist’. In practice, this means that Netanyahu’s position is threatened by his far-right Minister of Education and political leader of the extreme right-wing party HaJehoedie (The Jewish Home Party): Naftali Bennett.

 

Bennett has suggested that Trump’s election signals the end of the two-state solution and the attempts to establish a Palestinian state. Obviously, he uses Trump’s to pressure Netanyahu to recognise the settlements as permanent. Through his statements, Bennett has secured the support of the majority of the Jewish settlers. For a right-wing political leader, this support is of key importance. Netanyahu’s recent aggressive response towards the UN resolution to end Israeli settlements in Palestinian territories at the end of 2016, indicates that he feels he has to win back right-wing voters. Both Netanyahu and Bennett are increasingly using right-wing, nationalistic discourse to prevail. In the case of Bennett, it is no secret that he aims to become Prime Minister himself. Not only is this an alarming development in Israeli politics, it also might cause that Jews around the world feel increasingly disconnected with the country. This, in turn, will result in an increasing isolation of the country.

 

The current situation in Israel and the proposed policies of the Trump administration, which do not favour a two-state solution, are thus worrisome. Although supported by the US, Israel will become a lone wolf in world politics due to its increasing hard stance vis-à-vis settlements in the West Bank. Both internal and external forces ensure that a solution to the long-standing conflict seems further away than ever, despite Trump’s genuine believe that his administration will broker an agreement. Bennett’s recent declaration that he will propose a bill to extent Israeli sovereignty to Maale Adumin, the third-large Jewish settlement in the West Bank, shows that a first major step has already been taken. The coming weeks and months we will have to wait and see how US policies unfold in the region. Without doubt, Maale Adumin will be the first test case and major determinant of America’s policies in the Middle East.

The Power of the UN to protect Humanity – Part I The Security Council

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UN Security Council meeting on Syria, on December 18, 2015. Take a good look at who raised their hands and who did not (State Department photo/ Public Domain)

 

By Iona Mulder -

 

The UN was founded after the Second World War with the primary goal of protecting peace and security in the world. One of the most important elements of this goal is the protection of people all around the world against similar atrocities that were committed by the Nazi regime; these atrocities are now framed as crimes against humanities and genocide. But who decides and how is decided within this unique and powerful international organization, that currently includes 193 states, that action is necessary to confront issues of crimes against humanity? I will provide insight into this question in a series of several articles. The intention is not to be exhaustive, but to provide a top-down overview of the decision-making process of this powerful organization, to show its competence and its weaknesses. This first article begins with the top of the chain were political decisions for action are taken: the Security Council.

Although the UN as a whole can be seen as leading the politics of the international community, its power is bound by the obligation to respect the sovereignty of states. The right to sovereignty means that the UN cannot interfere within national affairs without the permission of the state itself. This rule is the number one principle of international law. However, the Security Council forms the exception; it is the only organ that can in specific situations interfere with this fundamental principle of sovereignty – even with the use of force, often described as “use of all necessary means”. It can do so in the name of the protection of international peace and security, as described in Chapter VII of the founding charter of the UN. Whether a situation is a threat to peace and security and what measures should be taken, will be determined by a vote of the fifteen states that are a member of the council. There are five permanent members, US, UK, Russia, China, France, those countries that were considered as superpowers after The Second World War, and ten non-permanent that change every two years. These world-changing decisions on peace and security issues are made by the representative of the members states simply raising their hand, as if they were in a classroom. Live-streams of the voting meetings can be viewed at the website UN television. A decision, called a resolution, will be accepted when nine of the members vote in favor, and none of the permanent member uses their right to veto a decision.

Since the end of the eighties, the Security Council has often considered widespread international crimes against humanity as a threat to security of the international community. Examples of such situations are Former Yugoslavia, Somalia, Rwanda, Sierra Leone, The Democratic Republic of the Congo. The more recent case of South-Sudan shows how the decision-making at the Security Council ideally works. Last November 11th, United Nations Special Adviser on the Prevention of Genocide, Adama Dieng, made a visit to the young state of South-Sudan. His role as a Special Advisor is to collect information and advice and warn the Secretary-General and the Security Council of the UN on grave human rights violations of ethnic and racial origin that genocide that might escalate into genocide. The reason for his visit was continuing reports of ethnic violence in South-Sudan. In a speech before the Security Council he stated: “Last week, I saw all the signs that ethnic hatred and targeting of civilians could evolve into genocide if something is not done now to stop it. I urge the Security Council and Members States of the region to be united, and to take action.”

Already since 2011 there is a UN mission stationed within South-Sudan named UNMISS with the mandate to protect civilians, monitor, investigate human rights, and to give assistance to build up the new state. Over the years the mission was already expanded. However, as Adama Dieng has specified within his speech before the Security Council, neither the UNMISS nor strong calls upon the South Sudanese government, not even a ceasefire that was established in 2015, have led to a positive progress of the stability and security of the country. On the contrary, the violence has increased and spread over a larger area; the government army is overall feared by the population, and the current South Sudanese President Kirr made statements that incite even more violence among the different political/ethnic groups within the country.

Following Adama Dieng’s advice and call to take action before the Security Council, the Security Council decided last December 16th to expand the UNMISS even more with 4500 soldiers and broaden its mandate. This mandate now includes among other things the unlimited access for the Special Advisor to monitor, investigate and report on incidents of hate speech and incitement to violence and actively participate in the mission in the implementation of the ceasefire, including the disarmament, demobilization and reintegration of different armed groups in South Sudan. In this case, the Security Council took the words of the Special Advisor into account and took action to protect the population of South Sudan. There are, however, two loopholes. First of all, the Security Council is not obligated to council the Special Advisor if the member states are not interested in doing so. Secondly, the member states might not vote for any action or one the permanent members can use its right to veto to uphold any action. This often happens when political interest come into play.

The most compelling example nowadays is the case of Syria. Special Advisor Adama Dieng has made fifteen public statements on the desperate situation of the civil population in Syria. He has not once been invited by the Security Council to speak about this subject. Moreover, Russia has used its veto right six times since the beginning of the conflict to uphold a UN Mission with a mandate regarding the protection of civilians or the persecution of those responsible for violence against civilians and the use of chemical weapons. China has taken the same position five times. The reason for Russia and China to do so is their political alliance with the Syrian government. If they would allow such a UN mission to be implemented, this would minimize the power of the Syrian government and thereby damage their political interested. Henceforth, the Security Council is completely paralyzed to take any action. It is undeniable that the Security Council is failing to fulfill its responsibility to protect the population of Syria.

The situation in Syria is the ultimate display that the UN system to prevent any large-scale human right violations is dependent on the political will of the members of the Security Council and primarily the permanent members. The five permanent member states can stand in the way of the protection of many innocent civilians, merely because it is against their own political interest to so, even when all the other members are of the opinion that measures are imperative to secure the safety of certain populations. It is clear that if the Security Council wants to function as is intended by its founders, the voting powers must be distributed more equitably among the UN member states. This very critical note aside, the Security Council intervenes in some situations to protect civil population when a state is unable or unwilling to protect them, as is shown in the case of South-Sudan. The following question is, of course, will this action minimize or halt the violence. The UN human right protection systems involve many other organs than the Security Council and the Special Advisor. Their role, work and the success of their actions on the ground will be discussed in the following articles of this series.

The Netherlands and “Criminal Refugees” from Afghanistan: political misconceptions

Edo Dijkgraaf - Raad van State (CC-BY)

 

Edo Dijkgraaf - Raad van State (CC-BY)

Edo Dijkgraaf – Raad van State (CC-BY)

 

By Arja Oomkens

 

On 23 September 2016, the Dutch Section of the International Commission of Jurists (NJCM), a commission that focuses on the protection of human rights in the Netherlands, announced that they had filed a lawsuit against the Dutch state for a wrongful act committed with respect to an Afghan person with a valid asylum residence permit.

 

The Afghan asylum-seeker in question fled for fear of persecution by the Taliban during the late 90’s and received asylum in the Netherlands. Eighteen years later, when the Dutch State found out that he had worked for the secret services of the Afghan communist regime (1978-1992), his residence permit was withdrawn without any individual investigation.

 

This was possible because of Dutch immigration policy on Afghanistan (set up in 2000): it stipulates that everyone who has worked for the Afghan secret services between 1978 and 1992 has per definition committed serious human rights abuses and is therefore not entitled to an asylum residence permit. These persons are excluded from the protection guaranteed under the Refugee Convention because they meet the criteria for article 1F of this Convention. Therefore, they are referred to by the Dutch state as so-called “1F-ers,” or in the terms of the media: “criminal asylum-seekers.”

 

The Dutch state is one of the few[1] EU member states that requires alleged “1F-ers” to prove that they were not involved in any human rights abuses. In this specific situation, the Afghan person denied any involvement in 1F classified human rights abuses, since he had only worked within the administrative division of the secret services. Nevertheless, because he did not have any documents to prove his point, the Dutch state applied the 1F principle to withdraw his residence permit.

 

It is important to note in this regard that it is unlikely that any other decision could have been made in a similar situation. Gaibar Hasami, a board-member of the Dutch 1F Foundation, points out that a lot of people that worked for the Afghan secret services did not know that human rights abuses were being committed in the name of their employer. This had to do with the fact that the majority of 80.000 people worked for the “above-ground” secret services, while a minority worked for the “underground” secret services – only the latter committed human rights abuses. However, it is impossible to prove this since the secret services have done everything within their power to hide any evidence that points to human rights abuses. With no evidence available to prove their guilt or innocence, “1F-ers” are excluded from protection based on the premise that there are serious reasons for considering their involvement in human rights abuses two decades ago.

 

Consequently, the Afghan “1F-er” in question appeared before the Council of State, the highest authority in the Netherlands with respect to immigration affairs, to appeal the withdrawal of his residence permit. As with all other appeals with regard to Dutch 1F immigration policy on Afghanistan, the Council of State upheld the decision to withdraw his residence permit.

 

From the perspective of the Afghan “1F-er” and the NJCM this decision violates European Union law because no individual investigation was conducted, and because no reference for a preliminary ruling to the Court of Justice of the European Union (CJEU) in Luxembourg was made. Based on EU law, the withdrawal of residency under such circumstances would mean a wrongful act was committed by the Dutch State. Therefore, the implicated Afghan person and the NJCM now ask the District Court in The Hague to confirm this verdict.

 

Evidently, such a verdict will be in the interest of all alleged Afghan “1F-ers.” Because the situation in Afghanistan is still dangerous for them, many Afghan “1F-ers” – who have lived in the Netherlands for up to 20 years – cannot be expelled by the Dutch State. Their situation nevertheless remains insecure: when the security situation in Afghanistan changes they may be expelled at any time. Is this reasonable when they have built up their family life in the Netherlands? Even though there has never been any investigation into the specific circumstances of their situation?

 

One thing must not be forgotten: Afghan “1F-ers” who have lived in the Netherlands for almost two decades initially applied for asylum because they feared persecution in Afghanistan. In the abovementioned case, the Afghan asylum-seeker entered the Netherlands because of his fear of persecution by the Taliban. The Dutch state considered his story credible and therefore granted him asylum. This means it was considered credible that the Afghan asylum-seeker had been victimized and would be victimized again by the Taliban if sent back. Therefore, Dutch 1F immigration policy on Afghanistan does not protect victims of human rights abuses as it can wrongly exclude asylum-seekers in need of protection.

 

Article 1F is part of a convention drawn up to protect those in need of protection, yet in practice, its application in the Netherlands leads to blatant injustices. Based on political misconceptions of responsibility (both of the state and of the person), it fails to protect those it was designed to. Under 1F, victims are turned into perpetrators, their most fundamental rights upended, and ultimately, their safety and wellbeing compromised. For now, “1F-ers” like the Afghan person in this article have no option but to wait, hoping that the outcome of the lawsuit against the Dutch state can change their situation.

 

[1] Next to the Netherlands, only the Czech Republic consistently reverses the burden of proof with regard to a 1F situation, see this website for more info.