Bodies for the promotion of equal treatment (article 13 directive 2000/43)

• Author: Karin de Vries
• Pages: 70-80

70

7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies design ated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

In the Netherlands, there are two types of equality body. First, there is a quasi-judicial (or

tribunal type) body assigned with the tasks of hearing complaints about unequal treatment,

drafting reports, giving advice to the Government and investigating possible instances of

structural discrimination on its own accord. The material scope of the Netherlands Institute

for Human Rights (NIHR) (College voor de rechten van de mens) mandate covers all areas

covered by the General Equal Treatment Act (GETA), the Disability Discrimination Act

(DDA) and the Age Discrimination Act (ADA), that is grosso modo employment and goods

and services. This function is currently fulfilled by a department of the NIHR.295 In 2012,

the NIHR assumed all the tasks of the former Equal Treatment Commission (ETC)

(Commissie Gelijke Behandeling, CGB) in this regard.296 The ETC was the first officially

designated body through which the Government implemented Article 13 of the Racial

Equality Directive, although it was not officially appointed as such by a separate law or

decree.297 The status a s an equality body follows from the tasks given to the NIHR in the

NIHR Act (Articles 9-13 of the NIHR Act; originally Articles 11-21 of the GETA). Other equal

treatment acts also assign these tasks to the NIHR (see Article 12 DDA and Article 14

ADA). On the basis of the NIHR Act, decr ees have been adopted in order to regulate the

legal status of members of the Institute and its staff298 and the internal procedures of the

department of the NIHR that deals with complaints about unequal treat ment.299

The Dutch Government established the NIHR af ter long discussions about the best way to

implement the Paris Principles.300 The role of the former ETC regarding investigating

complaints is fully integrated into the new NIHR and as such has not been changed. The

establishment of the Institute also does not change the competences of the ADVs (see

below) as regards thei r role in assisting victims. The role of assisting victims was never

part of the ETC’s work and is not part of the work of the NIHR, because it is deemed to be

incompatible with the role of independently issuing legal opinions about discrimination

complaints. The NIHR refers victims to the Anti-Discrimination Facilities (see below) for

such assistance. In addition to the nine members of the previous ETC, three additional

members were appointed to the NIHR.

The first evaluation of the functioning of the NIHR (covering 2012-2017) was po sitive. Of

particular relevance for this report is the conclusion that its semi-judicial role regarding

295 Act of 24 November 2011 containing the establishment of the Netherlands Institute for Human Rights (Wet

van 24 november 2011, houdende de oprichting van het College voor de rechten van de mens); Staatsblad

2011, 573. The Act entered into force on 1 October 2012.

296 The provisions of the General Equal Treatment Act in which the former ETC was regulated were repealed in

the NIHR Act. Instead, the same tasks and authorities are now regulated in a specific chapter of the NIHR

Act: ‘Chapter 2: Investigations and findings relating to equal treatment’ (Articles 9-13).

297 This designation follows from statements from the government in various Parliamentary papers. See e.g.

Explanatory Memorandum to the bill which led to the EG-Implementatiewet Awgb (EC Implementation law

Equal Treatment Law) Tweede Kamer, 2002-2003, 28 770, nos. 1-3 at page 20, where it is mentioned in

the Appendix, at page 20, that the implementation of Article 13 of the Racial Equality Directive has already

been completed because of the existence in the Netherlands of the ETC (EG Implementatiewet Awgb: Law

of 21 February 2004, Staatsblad 2004, 119).

298 Decree on the Legal position of the Netherlands Institute for Human Rights (Besluit van 28 augustus 2012,

houdende regels over de rechtspositie van de leden van het College voor de rechten van de mens en de tot

het bureau behorende ambtenaren (Besluit rechtspositie College voor de rechten van de mens)), Staatsblad

2012, 389.

299 Decree working method investigation equal treatment (Besluit van 31 augustus 2012, houdende nadere

regels over de werkwijze van de afdeling, bedoeld in hoofdstuk 2 van de Wet College voor de rechten van

de mens (Besluit werkwijze onderzoek gelijke behandeling), Staatsblad 2012, 394.

300 Principles relating to the Status of National Institutions Adopted by UN General Assembly resolution 48/134

of 20 December 1993.