Minister Uitermark: “Our Constitution states that we must treat equal cases equally in our society. Unfortunately, discrimination remains a persistent reality; many people experience unequal treatment due to their origin, sexual orientation, or disabilities. Therefore, a strong approach is needed to combat and prevent discrimination. By organizing this through one central organization with local offices, we gain better insight into what is necessary, and support becomes more recognizable and accessible.”
Challenges in the Current System
Currently, individuals experiencing discrimination can go to municipal anti-discrimination facilities (ADV’s). This is an implementation of the Municipal Anti-Discrimination Facilities Act (Wga), which requires municipalities to provide access to a facility where they can report discrimination. The tasks of these ADV’s include recording reports and providing independent assistance to those who have experienced discrimination. There are currently 19 separate ADV’s (with a total of 27 offices) covering more than 95% of Dutch municipalities. These ADV’s are connected to the national association Discriminatie.nl.
The report Organization, Tasks, and Funding of ADV’s (Berenschot, 2023) has shown that the current system faces challenges. Some ADV’s do not receive the full funding available from the government for implementing the Wga, as municipalities have discretion over how to allocate these funds. As a result, the amounts ADV’s receive from their municipalities vary significantly. The new central organization will be directly funded by the government, addressing this issue.
What Will the New System Look Like?
The new central organization will have the same legal responsibilities as the current ADV’s, such as recording reports and providing assistance. Additionally, the organization aims to implement preventive activities, making it easier to report discrimination. The planned organization will have physical local offices, ensuring that the local character of the current anti-discrimination facilities is maintained. The new system will be comparable to the structures of the Legal Aid and Victim Support Netherlands.
Further Planning and Process
The transition to this new system will occur in several steps. The Minister of BZK will develop the plans from the memo into a draft bill and will bring it to internet consultation in mid-2025 to gather as many responses as possible. Furthermore, a plan will be prepared for a careful and smooth transition for the current ADV’s and their staff. The intended date for the new legislation to take effect is January 1, 2027.
Throughout the entire process, the Ministry of BZK will maintain close contact with the national association Discriminatie.nl and the various ADV’s. Other stakeholders will also remain continuously involved.