Racial Stereotyping in the Netherlands: examining the role of public authorities in the societal debate on the character of Zwarte Piet

Abstract: This thesis seeks to develop an understanding of racial stereotyping in the Netherlands, through examining the role of public authorities in the societal debate on the character of Zwarte Piet. It is the portraying of this character that can contribute to negative racial stereotyping. How did the societal debate come to its current form, and what role do public authorities have, or what role should public authorities have, with regard to the portraying of the character of Zwarte Piet? These are some of the issues this thesis seeks to explore. First, an analysis of the judicial proceedings in the Netherlands involving Zwarte Piet has been done, followed by an examination of the Dutch public authorities’ stance on Zwarte Piet, and the involvement of the United Nations in the matter. The thesis then applies the notion of harmful stereotypes and John Stuart Mill’s harm principle. Throughout the analysis, the thesis seeks to discover and discuss possible gaps in Dutch domestic law and international human rights law with regard to racial stereotyping. The thesis has identified that the portraying of the character of Zwarte Piet constitutes negative stereotyping of Africans and people of African descent, as affirmed domestically by the Netherlands Institute for Human Rights and the Children’s Ombudsman, as well as internationally by the United Nations. The assessment of negative (racial) stereotyping revealed that ‘stereotyping’ has emerged as a topic within the scope of international human rights law. Stereotypes reinforce inequality and discrimination, which is why several human rights treaties provide for an obligation on States to combat stereotyping. Human rights courts and treaty bodies have increasingly voiced that States should not enforce harmful stereotypes. This thesis has identified that, in the case of Zwarte Piet, it comes down to the issue of where freedom of speech ends and the protection from racial stereotypical imagery begins, and human rights law and national courts have been reluctant to recognise this issue as a violation. On the one hand, combating Zwarte Piet’s discriminatory character seems to be a matter for society, not for the government. And on the other hand, Zwarte Piet is certainly a matter of State affairs, as the government often plays an active role in the events surrounding Sinterklaas. Unlike private citizens, a liberal State should be neutral. The State represents all citizens, and must therefore refrain from partaking in activities that discriminate on a ground such as race. Government agencies are allowed to participate fully in Sinterklaas celebrations, but only on the condition that Piet takes on a neutral character. The government must set a good example by excluding negative stereotypes from Sinterklaas celebrations in government institutions such as public schools, municipalities, and ministries. Moreover, the government must actively participate in the societal debate by providing adequate information. By providing insight into the perspective of the discriminated minority groups, the government can promote social awareness among the majority.