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Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Netherlands (Ratification: 1998)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report received in August 2013 in which the Government reiterates that, in ratifying the Convention, the Kingdom of the Netherlands took the view that a good observance of the Convention is consistent with the general policy of the Government on minorities. The Government considers that the Convention makes a positive contribution to the international standards for the realization of the universal human rights, even more so if backed up by ratification by as many States as possible, including those States that do not have any indigenous peoples within the meaning of the Convention. The Committee notes the Government’s indication that the Netherlands belongs to the category of States that does not have any indigenous peoples within the meaning of the Convention. It also notes that a constitutional reform of the Kingdom of the Netherlands took effect on 10 October 2010. The Committee therefore invites the Government to indicate in its next report whether, in the context of the constitutional reform, the Government has revisited this matter with the social partners with a view to determining whether there may now be groups of the national population included in the scope of the Convention (Article 1). It would also welcome examining any information on the measures taken at the national level or through international cooperation to promote the effective implementation of the Convention. The Committee would also welcome information on whether courts of law or other tribunals have heard cases or rendered decisions involving questions relating to the application of the Convention, between parties, whether plaintiffs or defendants, based in the Netherlands or in other countries (Part IV of the report form).