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International Covenant on Civil and Political Rights UNITED NATIONS CCPR International covenant Distr. on civil and GENERAL political rights CCPR/C/NET/4 30 July 2008 Original: ENGLISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Fourth periodic report NETHERLANDS∗ ∗∗ [9 May 2007] ∗ In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. ∗∗ For the third periodic report submitted by the Government of the Netherlands, see CCPR/C/NET/99/3; for its consideration by the Committee, see CCPR/CO/72/NET. GE.08-43317 (E) 150808 CCPR/C/NET/4 page 2 CONTENTS Paragraphs Page I. INTRODUCTION ................................................................................ 1 - 4 4 II. STRUCTURE OF THE KINGDOM OF THE NETHERLANDS ...... 5 4 III. THE NETHERLANDS (EUROPEAN PART OF THE KINGDOM) ................................................................................ 6 - 344 4 A. Amendments to the Constitution since 2001 .............................. 6 - 14 4 B. Civil and political rights of public servants ................................ 15 - 21 6 C. Performance of the National Ombudsman .................................. 22 - 25 8 D. International Covenant on Civil and Political Rights ................. 26 - 244 9 Article 1 ...................................................................................... 26 - 27 9 Article 2 ...................................................................................... 28 - 32 9 Article 3 ...................................................................................... 33 11 Article 4 ...................................................................................... 34 11 Article 5 ...................................................................................... 35 - 36 11 Article 6 ...................................................................................... 37 - 63 12 Article 7 ...................................................................................... 64 - 99 18 Article 8 ...................................................................................... 100 - 120 27 Article 9 ...................................................................................... 121 - 134 33 Article 10 .................................................................................... 133 - 165 36 Article 11 .................................................................................... 166 45 Article 12 .................................................................................... 167 - 171 46 Article 13 .................................................................................... 172 - 191 47 Article 14 .................................................................................... 192 - 196 53 Article 15 .................................................................................... 197 - 200 54 Article 16 .................................................................................... 201 55 Article 17 .................................................................................... 202 - 237 55 Article 18 .................................................................................... 238 - 246 63 CCPR/C/NET/4 page 3 CONTENTS (continued) Paragraphs Page D. International Covenant on Civil and Political Rights (continued) Article 19 ........................................................................... 247 - 262 65 Article 20 ........................................................................... 263 69 Article 21 ........................................................................... 264 - 267 69 Article 22 ........................................................................... 268 - 270 70 Article 23 ........................................................................... 271 - 274 71 Article 24 ........................................................................... 275 - 286 72 Article 25 ........................................................................... 287 - 294 75 Article 26 ........................................................................... 295 - 328 77 Article 27 ........................................................................... 329 - 341 85 ANNEX I ............................................................................................................................ 91 ANNEX II .......................................................................................................................... 121 ANNEX III ......................................................................................................................... 129 III a ..................................................................................................................................... 129 III b ..................................................................................................................................... 131 III c ..................................................................................................................................... 134 III d ..................................................................................................................................... 136 III e ..................................................................................................................................... 140 III f ...................................................................................................................................... 141 III g ..................................................................................................................................... 142 III h ..................................................................................................................................... 144 ANNEX IV ......................................................................................................................... 150 ANNEX V .......................................................................................................................... 171 CCPR/C/NET/4 page 4 I. INTRODUCTION 1. In pursuance of article 40 of the International Covenant on Civil and Political Rights, which entered into force with respect to the Kingdom of the Netherlands on 11 March 1979, the present report is submitted in accordance with the decision and guidelines on periodic reports adopted by the Human Rights Committee during its 66th session (July 1999) and amended during its 70th session (October 2000). 2. This fourth periodic report takes into account the discussion of the previous reports in the Committee, the concluding observations (CCPR/CO/72/NET), and the progress made on national legislation and practice with regard to the implementation of the individual articles of the Covenant. The report covers the period from 2001 to the end of 2005. Occasionally, where relevant, reference is made to developments in 2006.1 3. The report does not comment upon subjects which are dealt with in the previous reports or the response of the Government of the Kingdom of the Netherlands to the concluding observations of the Human Rights Committee (CCPR/CO/72/NET/Add 1, 2 and 3) and which remain unchanged in the period covered by the present report. 4. The Kingdom of the Netherlands has three constituent parts: the European part, the Netherlands Antilles and Aruba. Each part is responsible for implementing the provisions of the Convention and reporting on implementation. This report covers the European part of the Kingdom only. Reports of the Netherlands Antilles and Aruba will be submitted at a later stage. II. STRUCTURE OF THE KINGDOM OF THE NETHERLANDS 5. See core document (HRI/CORE/1/Add.66), paras. 19-175. III. THE NETHERLANDS (EUROPEAN PART OF THE KINGDOM) A. Amendments to the Constitution since 2001 6. The Dutch constitution at the end of 2005 differed from the version in early 2001 in that members of parliament could be temporarily replaced in cases of illness or pregnancy. Several other changes are under consideration. Temporary replacement of members of parliament in case of illness or pregnancy 7. The Constitution was amended in 2005 (articles 57a and 129, paragraph 3) to allow the temporary replacement of members of parliament (i.e. members of the Senate and House of Representatives) and provincial and municipal councillors in the case of pregnancy, childbirth and illness. A previous attempt to introduce such an arrangement foundered for want of support in parliament (see paragraph 8 of the third periodic report of the Netherlands 1 Annex V contains an update to the third periodic report covering the implementation of the ICCPR in the Netherlands (European part of the Kingdom) up to the end of 2000. For reasons that are unclear this update was not given an official reference number. CCPR/C/NET/4 page 5 (CCPR/C/NET/99/3)). More detailed rules on temporary replacement must be introduced by act of parliament. This legislation is currently before parliament. One of the aims of this amendment to the Constitution is to encourage women to participate in politics. Fundamental rights in the digital society 8. On 29 October 2004 the government decided not to present to Parliament the bill to amend the Constitution in connection with ‘Fundamental rights in the digital society’ (articles 7, 10 and 13 of the Constitution), which had been announced in the update to the third periodic report of the Netherlands of 2000 (Annex V). The government had intended
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