The position of Muslims in the Netherlands

1. Dutch policies are geared to allowing everyone to be accepted on their own merits and giving everyone scope to shape their own social, religious and cultural life within the framework of the Constitution. Everyone, regardless of their faith, should accept and respect others on a basis of equality.

2. The attitude of Dutch government authorities to religion and belief is based on the constitutional separation of church and state. This means that the state is neutral with respect to the principles of religions or beliefs. It does not intervene, therefore, in the internal affairs of religious or belief-based organisations, more particularly in their worship or organisation; in fact, it can only respond to practical consequences, in other words to acts inspired by religion which break the law of the Netherlands. A secular state guarantees the separation of institutions in the public sphere and so protects the right of all religious and non-religious groups to manifest themselves in society. Conversely, it follows that religious institutions do not intervene in affairs of state.

3. Article 6 of the Dutch Constitution, concerning the freedom of religion and belief, states: ‘Everyone has the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law.’ Additionally, freedom of religion and belief is protected by numerous human rights instruments, such as the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights. Freedom of religion and belief means that everyone is free in his choice of religion, but is also free to have no religion at all, or to change his religion or belief.

4. Where religious utterances are concerned, freedom of religion is backed up by freedom of expression. Prior permission for the publication of thoughts or opinions is expressly ruled out by article 7 of the Constitution. That means that challenging the religious beliefs or opinions of others, whether verbally or in writing, is not a criminal offence.

5. Censorshipis prohibited in the Netherlands. That means that the government has no control over statements and utterances in the public domain (for example in the media or the arts). Anyone who has criticisms of the beliefs of a particular religion, or the ways in which these beliefs are professed, is permitted to express those criticisms. Only the courts may prohibit certain publications or utterances, if the courts find that they transgress the boundaries of freedom of expression.

6. The fact that there are certain limits on our freedoms is reflected in the addition of the words ‘without prejudice to his responsibility under the law’ to the provisions regarding religious freedom and freedom of expression in our Constitution. In practice, this qualification means that everyone exercising his rights under these freedoms should consider what a certain utterance, statement or publication might mean to someone else. Freedom of religion and expression is not a licence to defame or insult, to discriminate, or to incite to hatred or violence.

7. Only through the freedoms of expression and religion can it be possible to attain both unity and religious diversity in a pluralsociety. Such unity depends on acceptance of our democracy and the rule of law, and recognition of the values on which they are founded: separation of church and state, democracy, liberty, diversity, equality before the law, the separation of powers and respect for minorities.

8. The public debate about Islam can get heated at times. Religious diversity and freedom of expression can generate tension in the public debate, because differences in culture and religion may well lead to differences about the interpretation of fundamental rights. Our constitutional democracy, and the values rooted in it, are strong enough to absorb and channel such differences of opinion, provided that this is done through an open and respectful dialogue.

9. In order to acknowledge the diversity of Islam in the Netherlands, it is important to speak less about “Islam” and more about the individuals, the people – of Turkish, Moroccan, Arab, Berber, Iranian, Somali or other origin – all of whom have their own specific cultural background and all of whom are Muslims in their own way.

10. Muslims and non-Muslims alike bear responsibility for the success or failure of a plural society. Full and shared citizenship is important in that regard. Shared citizenship means emphasising the links people must forge as citizens of a plural society to create an environment in which all can live. It is the duty of society to make such citizenship possible; immigrants for their part have a duty to strive for such citizenship. It requires the acceptance of both rights and obligations, and is based on individual responsibility, self-reliance, engagement, participation in society, integration and social skills.

11. Shared citizenship emphatically implies a two-way street: all residents of the Netherlands, each from their own perspective, should be open to integration and participation and immigrants should be accepted as new citizens of the Netherlands. The government endeavours to strike the right balance and works to eliminate ignorance, prejudice and discrimination from Dutch society by encouraging dialogue between Muslims and non-Muslims.