Ombudsmen warn Senate: asylum laws show carelessness and improper governance

Childrens rights not assessed

No child rights assessment was conducted for the Implementation of Two-Status System Act, the Asylum Emergency Measures Act, and the proposal to criminalize illegal stay. According to Kalverboer, this violates the UN Convention on the Rights of the Child. Previous advice from the Childrens Ombudsman and the Justice and Security Inspectorate to conduct such an assessment was not adopted by then Minister Van Weel. According to him, a separate assessment was unnecessary: the laws did not concern children and an assessment would cause delays.

Margrite Kalverboer is critical: “If parents are criminalized, it affects their children. Therefore, these consequences must be carefully examined and prevented where possible. The political desire to quickly implement legislation must never outweigh the childs best interests.”

In the run-up to the vote on the laws in April, senators can submit written questions next week. Kalverboer urges them to request a child rights assessment.

Asylum chain under increasing pressure

The ombudsmen fear the new laws will lead to even longer waiting times in the asylum chain. Asylum seekers currently wait an average of two years for a second interview at the Immigration and Naturalisation Service (IND). On top of that, after the introduction of the Migration Pact, the IND intends to allocate most of its capacity to new applications. As a result, more than 50,000 people who have been waiting in the Netherlands for years risk remaining in uncertainty even longer. At the same time, the Asylum Emergency Measures Act abolishes penalty payments that encourage the government to decide in time.

Reinier van Zutphen: “The solution of abolishing penalty payments is symptomatic treatment, while the underlying problem is not solved. This confirms how vulnerable and dysfunctional the system is. The way the government treats tens of thousands of asylum seekers and status holders has reached a low point.”

Legislation for show

Many measures from the new asylum laws are reflected in the European Asylum and Migration Pact that comes into effect on June 12. According to Van Zutphen, the rushed introduction of the new asylum laws puts extra pressure on implementing organizations, while parts will be overwritten by the Migration Pact within months. 

Last year, the ombudsman was already critical of legislative proposals that were more for show than for the citizen. According to him, the asylum measures take the crown because it is clear in advance that they are not feasible.

Reinier van Zutphen: “Contradictory legislative proposals cause complications and show carelessness and improper governance. A rushed and chaotic legislative process and a government that cannot deliver on its promises undermines citizens trust in government.”

Previously warned

Early last year, the ombudsmen expressed their concerns and warned the then Minister of Asylum about the negative impact of this legislation on society.