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 2015 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"). Where multiple biases are registered in an offence, each of them is reported individually in the breakdown below.

National developments

The Anne Frank House was granted access to the database of police crime reports in order to identify hate crimes and other discriminatory crimes, and to publicize this information. The resulting annual Monitoring Report provides an authoritative overview of hate crimes recorded by the police.

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

Download incident data

Reports

Racist and xenophobic hate crime

The Israel Information and Documentation Centre reported two incidents of vandalism.

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Anti-LGBTI hate crime

ILGA-Europe and COC Nederland reported five physical assaults on LGBT people, including one incident involving extortion, two carried out by groups, one incident involving the use of a weapon and two incidents causing serious injuries. The victims included four gay men and one transgender woman. A further incident of threats to a transgender woman from Syria was reported.

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Anti-Semitic hate crime

The Israel Information and Documentation Center reported one attempted murder; five physical assaults, including one that caused serious injuries and another that involved damage to property; four cases of damage to property; 23 incidents of vandalism, 16 of which involved graffiti; and one incident of the desecration of graves.

The Israel Information and Documentation Center and the European Center for Democracy Development reported one incident of vandalism that involved the use of anti-Semitic stickers.

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Anti-Muslim hate crime

SETA and Turkish Forum Netherlands reported one physical assault on a Muslim woman. SETA also reported one incident of graffiti targeting a number of houses. Turkish Forum Netherlands reported three physical assaults carried out by large groups, two of which targeted women; two threats; four arson attacks targeting mosques, one shop and the building housing a Turkish association; eight incidents of damage to property, four of which targeted mosques; five incidents of graffiti, and one incident of desecration. 

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INTERNATIONAL REPORTS

Racist and xenophobic hate crime

In its "Concluding observations on the combined nineteenth to twenty-first periodic reports of the Netherlands", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended introducing racist motivation as an aggravating circumstance in criminal legislation. CERD also suggested that national authorities consider simplifying the legal requirements to punish hate crimes.

Following its mission to the Netherlands, the United Nations Working Group of Experts on People of African Descent encouraged the adoption of legislation that imposes higher penalties for hate crimes and expressed concern that hate crimes are under-reported and under-prosecuted. It also recommended that the scope of data collected on hate crimes should be expanded, including by offering more victim surveys.

KEY OBSERVATION

ODIHR observes that the Netherlands have not reported on cases of hate crimes separately from cases of hate speech and/or discrimination.