Employers often treat labor migrants with temporary residence permits differently from employees with permanent residence status. People with disabilities are often unknowingly subjected to unequal treatment. Discrimination is a common problem in the Caribbean Netherlands. The equal treatment legislation aims to address this issue. On Tuesday, February 18, the Dutch House of Representatives voted in favor of its introduction in the Caribbean Netherlands. This is a necessary but complex process. Below are six questions and answers.
Image: © Roëlton Thodé
1. How significant is the issue of discrimination in the Caribbean Netherlands?
The Ministry of the Interior and Kingdom Relations commissioned research on discrimination in the Caribbean Netherlands. This study, conducted by the DSP group, was published on September 12, 2024.
The research shows that over forty percent of the population has experienced discrimination, a percentage that is two to four times higher than in the European Netherlands.
On the islands, discrimination occurs in various ways and on different grounds, such as nationality, ethnicity, gender, age, and sexual orientation. This can involve refusing or even excluding people. People also make discriminatory remarks, engage in bullying, issue threats, or commit verbal abuse. Physical violence is rare in cases of discrimination.
Discrimination is often considered taboo, making it difficult to discuss and potentially leadingto unconscious unequal treatment. One example is the situation of people with disabilities. Living on the islands is especially challenging for them. Simply going outside is often complicated due to the lack of suitable transportation. This is just one of the many challenges they face, making it difficult to participate in daily life.
Additionally, favoritism is a widespread issue. This means that people in influential positions favor individuals from their own network while treating outsiders unequally or even excluding them entirely. If such a network is based on political affiliation or religion, favoritism can amount to discrimination, though this is not always the case.
2. How do residents view discrimination
What legally constitutes discrimination is often difficult for the average citizen to recognize. This is no different in the Caribbean Netherlands.
Moreover, perceptions of what constitutes "discrimination" vary from island to island. As a result, people often do not realize when they themselves are being discriminated against or when they are discriminating against others.
It is also important to note that getting justice in the Caribbean Netherlands was very difficult. For a long time, there was not a place you could go if you faced injustice. There were no legal aid offices or anti-discrimination facilities. There was no free first line aid.
Even if you did manage to prepare a case and wanted to go to a judge, that was not possible on Sint-Eustatius or Saba. There simply weren't any courts. They have only been established recently. Bonaire has had a court for some time already, but people do not tend to make use of legal solutions.
The whole idea of having rights is, therefore, for many residents an abstract concept. The DSP research clearly demonstrates this: many people know very little about discrimination. Yet, the topic is widely discussed and evokes strong emotions.
3. Which law is being introduced?
According to Article 1 of the Dutch Constitution, no one in the Netherlands, including the Caribbean Netherlands, may discriminate againstothers. The Dutch government has elaborated on this rule in equal treatment legislation.
However, this legislation has not yet been applicable to the Caribbean Netherlands. With the Anti-Discrimination Protection Act for the BES, this will change. Once enacted, this legislation will ensure thatequal treatment laws will apply fully in the Caribbean Netherlands.
What does equal treatment legislation cover?
The equal treatment legislation states that discrimination by the government and between citizens is prohibited. The legislation consists of various laws:
- General Equal Treatment Act
- Equal Treatment Act on the Basis of Disability or Chronic Illness (ensuring that people with disabilities or chronic illnesses receive equal treatment as others
- Equal Treatment Act on the Basis of Age in Employment (ensuring young and elderly people receive equal treatment compared to others)
- Equal Treatment Act for Men and Women (prohibiting gender-based discrimination in employment)
- Employment Duration Act (ensuring part-time workers receive equal treatment compared to full-time workers)
- Temporary vs. Permanent Employment Act (ensuring employees on temporary contracts receive equal treatment compared to those on permanent contracts)
- Flexible Work Act (ensuring employees with flexible contracts receive equal treatment compared to those with permanent contracts)
- Work and Care Act (ensuring employees have the right to take leave for caregiving responsibilities, such as maternity leave)
When will the new law be implemented?
In January 2023, the Minister of the Interior and Kingdom Relations decided that equal treatment legislation would apply to the Caribbean Netherlands. On May 3, 2024, the minister submitted the bill to the House of Representatives, which debated it on February 11, 2025, and approved it on February 18, 2025. The bill is now under review by the Senate, which must still approve it. The expectation is that the law will take effect at the beginning of 2026.
4. What is practically needed on the islands?
Anti-Discrimination Facility
The Anti-Discrimination Protection Act for the BES states that an independent anti discrimination facility must be established on the islands. This means that the Ministry of Interior Affairs will set up an anti-discrimination facility. Several such facilities already exist in the European Netherlands. These are reporting centers where people who feel discriminated against can seek help. A legal expert helps determine whether they have indeed experienced discrimination and whether it is worth taking their case to the Netherlands Institute for Human Rights, which can formally assess the situation.
Legal aid desk
The Ministry of Interior Affairs is working together with the Ministry of Justice and Security and together they are setting up a foundation. Within this foundation there will be a legal aid desk and an anti-discrimination facility. This means that everyone with a legal issue, whether it concerns discrimination or not, can go there for free first line legal aid. Currently both ministries are working hard on the preparations.
The Netherlands Institute for Human Rights (het College voor de Rechten van de Mens)
With the introduction of the Anti-Discrimination Protection Act for the BES, the government is expanding our mandate. This allows us to assess discrimination complaints from citizens in the Caribbean Netherlands.
This means that citizens can submit a request to us to assess the complaint. There are four possible outcomes:
- Mediation is initiated by us.
- A general investigation to the issue is conducted by us.
- The specific complaint is assessed by us and a ruling is made on whether discrimination occurred.
- The complaint is recorded as a signal, but no further action is taken by us due to insufficient evidence.
5. How will the local context be taken into account?
We engage extensively with island residents to understand their views on discrimination, when they would submit a request for judgment, why they would or would not do so, and what their thoughts and feelings are on certain issues. We strive to consider these perspectives while adhering to the law.
We employ local deputy board members who are well-versed in the island context. They incorporate local circumstances into their judgments, recognizing that some measures may be difficult to implement in the Caribbean context. They will assess what is feasible.
Unlike in the European Netherlands, mediation will play a crucial role in our work. In the Caribbean Netherlands, complainants and respondents often know each other personally. For example, they mayattend the same church or have children in the same school. Given the small communities and interdependence, a formal ruling is not always the best solution.
Nevertheless, we want to emphasize that everyone has rights and should feel empowered to exercise them when necessary. We want to demonstrate that a society where people are treated equallybenefits the entire community and that addressing inequality can help resolve other issues, such as economic security.
6. What is needed for the new law to succeed?
Successfully implementing equal treatment legislation in the Caribbean Netherlands will take time and patience. There is a long history of inequality. The relationship between the European and Caribbean Netherlands was not based on equal treatment, and many people still see that there is a disparity in how the residents of European and Caribbean Netherlands are treated.
Therefore, it is crucial to engage in extensive discussions with people, listen carefully to their concerns, and adapt our work accordingly wherever possible.
It is also essential to provide good education about human rights in general and equal treatment in particular. This will help people recognize discrimination more easily and understand their options for action.