Netherlands

The Netherlands have regularly reported hate crime data to ODIHR. The Netherlands' Criminal Code contains no hate crime provision. The framework for hate crime investigation and prosecution is set based on guidance from the Office of the Public Prosecutor. The National Police and the National Expertise Centre on Discrimination of the Office of the Public Prosecutor are primarily responsible for hate crime data collection. Police statistics are published annually. The Central Bureau of Statistics conducts annual crime victimization surveys.

Hate crime data collection in the Netherlands
Support for hate crime victims in Netherlands
How hate crime data is collected in Netherlands

How hate crime data is collected in Netherlands

Dutch legislation does not include a definition of hate crime. The relevant data are based on "discrimination incidents". A discrimination incident is an occurrence that has been recorded in the BHV business processing system, and which includes (a combination of) words that can point to a discriminatory fact or a discriminatory (biased) aspect, or that has been flagged as discrimination (with a specific code) by police officers. Subject experts must have determined that: (1) an utterance or a behaviour can be identified that touches one of the discrimination grounds in the Criminal Code ("race", sex, religion, belief, sexual orientation and disability), also if the discrimination ground cannot be determined; or (2) this occurrence (probably) meets the elements of the articles 137c-g or 429 quarter of the Criminal Code, or the elements of a crime committed with a bias motive (codis). Marking property with swastikas is also considered discrimination and added to the list of discrimination incidents.

Collecting data about discrimination by the police has two objectives:

  1. Operational application: information at case level has immediate significance in tackling discrimination. Overviews of discrimination incidents are discussed periodically in the Regional Discrimination Consultation (RDO), where police units discuss the handling of discrimination cases with the Public Prosecution Service and the anti-discrimination agencies (ADAs).
  2. To report on the nature and level of the registered incidents and identifiable trends.

The annual "Discrimination Figures" report handles the discrimination incidents registered by police and discrimination reported to the ADAs in the Netherlands. The data are supplemented by other data gleaned from the contact point in the Netherlands for discrimination on the internet (MiND) and the Netherlands Institute for Human Rights (NIHR).

In 2019, the police changed their registration of discrimination incidents, discontinuing the previously used distinction between regular acts of discrimination and those targeting employees with public duties (such as police officers). As a result, data from 2018 and 2019 cannot be compared. In addition, in 2019, the subcategories of race and religion were no longer registered, meaning that data regarding bias against Roma and Sinti and Muslims are not available for 2019.

The Public Prosecutor Office's statistics are not based on incidents, but on a number of discrimination facts, which are registered and decided upon based on one of the discrimination articles in the Criminal Code: 137c-g and 429 quarter. One discrimination fact can include several discrimination incidents. Alongside the discrimination facts, the data include 'codis': facts where a discriminatory aspect has played a role as a motive or the crime committed has a strong impact.
The Criminal Discrimination Overview report is drafted by the National Centre of Expertise on Discrimination (LECD) within the Public Prosecutor's Office (PPO). The report provides information for the Public Prosecution on the inflow and processing of specific discrimination offences in a particular year.

The figures of judges are based on the number of court cases. One court case can include several discrimination facts which, in turn, can include several discrimination incidents.

The Central Bureau of Statistics conducts annual crime victimization surveys which include discriminatory aspects behind crimes.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2020 2133 409 Not available
2019 2016 343 Not available
2018 3299 312 91
2017 3499 331 79
2016 4376 - -
2015 5288 Not available Not available
2014 5721 133 87
2013 3614 83 89
2012 3292 114 Not available
2011 2802 169 Not available
2010 3538 170 90
2009 2212 160 135

About 2012 Data

    Figures reported to ODIHR and presented here include hate speech and discrimination offences (or “basic forms of discrimination”) as well as hate crimes (“common offences with a discriminatory motive”).

Incidents reported by civil society, international organizations and the Holy See

Reports

Racist and xenophobic hate crime

The Turks Forum-Netherlands reported one murder, one case of arson against a Turkish store and one physical assault against a disabled teenage girl wearing a headscarf.

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Anti-Semitic hate crime

The Centre for Information and Documentation on Israel (CIDI) reported anti-Semitic incidents including four physical assaults, two threats, one case of damage to property and three cases of desecration to synagogues or cemeteries.

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Anti-Muslim hate crime

The Turks Forum-Netherlands reported one case of desecration of a mosque and one case of arson against a mosque.

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Anti-LGBTI hate crime

The Netherlands Transgender Network reported a case of threats and vandalism against a transgender couple. Swastikas were painted on their mailbox.

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INTERNATIONAL REPORTS

Racist and xenophobic hate crime

The UN Human Rights Council, in its Universal Periodic Review, encouraged the Netherlands to develop a system of recording statistical data on hate crimes based on the most common types of offences, and of adequate training for law enforcement and legal professionals on the importance of recognizing bias motive as an aggravating circumstance.

KEY OBSERVATION

ODIHR observes that the Netherlands has not periodically reported the number of hate crimes recorded by police to ODIHR.