The police figures do not include hate speech incidents, including insults, which were recorded separately (4,069 incidents in total). Hate crimes recorded by police can only be disaggregated by either bias motivation or type of crime (both breakdowns were reported to ODIHR), but not simultaneously by both. The disaggregation below shows the total numbers for each bias motivation.
In May 2022, a new State Commission against Discrimination and Racism (State Commission) was established by the Dutch Government. The State Commission is an independent scientific advisory body that will conduct research into discrimination and racism, including hate crimes, in the Netherlands over the next four years, and make recommendations on how to address these issues. The Government has also financed a project for the Police, the Public Prosecution Service and local-level anti-discrimination agencies to consider improvements to the criminal justice approach to hate crimes, and to identify alternative settlements in cases where this approach is less effective.
In October 2021, a National Coordinator against Discrimination and Racism (NCDR) was appointed. In 2022, the NCDR will present a comprehensive national programme to strengthen the Dutch approach to counter-discrimination. The NCDR works closely together with the different ministries and the National Coordinator on Combating Anti-Semitism (NCAB). The NCDR organized town hall sessions with a range of actors to gather input for the national programme.
Notable cases:
Case 1: A man was repeatedly subjected to insults by a male passer-by while walking in the street. When the victim finally addressed the man and asked for an apology, the passer-by demanded to know his sexual orientation. The victim accidentally touched the man, and was punched 20 times in the face. During the interrogation, the perpetrator expressed homophobia and transphobia. The perpetrator was charged with aggravated assault with a homophobic and transphobic motive. On 19 July 2021, he was convicted and sentenced to a prison term of four months, half of which is suspended. He was also ordered to pay compensation to the victim. The judgement was upheld following an appeal.
Case 2: A woman was harassed by her neighbour who kept ringing the doorbell on her front door. The neighbour then yelled, "I am going to send you back to where you came from". Shortly after, the woman received a message in her letterbox containing racist, disablist and misogynistic insults. The neighbour also vandalized the victim's car. The perpetrator was charged with criminal insult and vandalism with a racist motive. On 1 December 2021, the criminal judge ruled both offences proven and sentenced the woman to a suspended community service of 30 hours. She was also ordered to pay compensation to the victim.
This category also includes incidents of hate crime against Roma and Sinti.
This category includes anti-Muslim, anti-Christian, and anti-Hindu hate crimes, as well hate crimes targeting other religions.
This category includes hate crimes on the grounds of sexual orientation and gender identity.
The United Nations Universal Periodic Review (UPR) published relevant recommendations in its "Kingdom of the Netherlands: Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights".
ODIHR recognizes the Netherlands' efforts to address hate crimes comprehensively as well as the information submitted on police and prosecution records. However, based on the available information, it observes that since 2018, the Netherlands has not reported data on hate crimes recorded by the judiciary to ODIHR. In addition, ODIHR observes that the Netherlands would benefit from reviewing the existing legal framework in order to ensure that bias motivations can be effectively acknowledged and appropriate penalties imposed on the perpetrators.
ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States committed to collecting reliable data and statistics in sufficient detail on hate crimes and to report such periodically to ODIHR. To that end, hate crimes need to be distinguished throughout the recording and data collection process from discrimination and hate speech. Furthermore, participating States have committed to enacting specific, tailored legislation to combat hate crimes, providing for effective penalties that take into account the gravity of such crimes. ODIHR stands ready to support the Netherlands in meeting the relevant commitments through its comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as through further resources and tailored legislative advice.