How do we move forward from the child benefits scandal? Prime Minister Mark Rutte is supposed to be a man of decency, from the party of ‘law and order’. But even when he and his ministers breach our constitution, there are no consequences. BIJ1 is pleading for the possibility of prosecuting people for ethnic profiling, and wishes for the cabinet to step down.
UNFAIR INJUSTICE
It appears as though claims about the benefits system’s failure have existed since 2005. Yet the Ongekend Onrecht (unfair injustice) report, describing years of malpractice at the Tax and Customs Administration, has only been published around a month ago. And although it beats doing nothing, there seem to be no political consequences for the violations committed by hundreds of government officials and several ministers. The Public Prosecution Office will not be prosecuting anyone. Everything indicates that Rutte feels he can continue to govern, and that the other responsible ministers are getting away with mere apologies.
INSTITUTIONAL RACISM
But the child benefits scandal is far from being resolved. The course of events shows how dangerous and deeply embedded institutional racism is, and how little responsibility our current leaders are taking. With the child benefits scandal Article 1 of the constitution has been breached. Additionally it has become painfully clear that a breach of the constitution will not lead to prosecution. BIJ1 feels that those responsible should be held accountable and that measures should be taken to ensure this never happens again, so that the victims can continue with their lives. But above all: so that the institutional abuse can be tackled or prevented. In this article we will set out our proposals for both the short and the long term:
1. FULL REHABILITATION OF THE VICTIMS.
It is imperative that all debts are to be erased and that home and property will be restored. In addition, all victims must receive reimbursements and compensation, and jobs must be made available to them.
2. OFFICIAL ACKNOWLEDGEMENT OF THE INSTITUTIONAL RACISM THAT RESULTED IN THIS TRAGEDY.
The benefits scandal shows how a downright racist policy, namely the use of ethnic profiling, is implemented without resistance from the parties involved. This ranges from the civil servants who actually came in contact with those affected, to the Tax and Customs Administration director, and from the members of the House of Representatives to the responsible ministers.
If even such a visible and overt form of racism will not make alarm bells go off for these government officials, how are we to believe that these individuals will recognise subtler forms of racism and discrimination? And that the government will “be a shield and an ally of people again” in the years to come, as Asscher wished for? This is why institutional racism should be officially recognised as the guiding principle for the child benefits scandal.
3. PROFESSIONAL BAN FOR ALL GOVERNMENT OFFICIALS INVOLVED, REGARDLESS OF THEIR ROLE.
The child benefit scandal makes it clear that the Tax and Customs Administration with all its employees, the ministers involved and this cabinet are not equipped to properly protect people from different backgrounds. Otherwise, this would not have happened. The child benefits scandal is not a mistake, an unfortunate combination of circumstances, or a ‘blind spot’, as indicated by the report. It is the result of deliberate ethnic profiling and years of looking the other way while institutional racism was perpetuated by hundreds of government officials. If we wish for this to never happen again, we must deny those who took part in or tolerated ethnic profiling the opportunity to hold this or any other public office. That is how we can denounce racism loudly and clearly.
4. CRIMINAL CASE IN WHICH THE OFFICIALS AND MINISTERS INVOLVED ARE PROSECUTED FOR THEIR VIOLATIONS.
In addition to the resignation of the responsible ministers and dismissal of all government officials involved, it is important that they are prosecuted. That is difficult under the current criminal law. The Public Prosecutions Department recently decided not to prosecute. BIJ1 believes prosecution to be necessary in order to comply with constitutional rights, but recognises that legislation does not allow this. That is why in our party platform we plead for:
5. A CONSTITUTIONAL COURT THAT CAN TEST LAWS AGAINST THE CONSTITUTION.
How is it possible that racism clearly plays a significant role in the child benefits scandal, but is only mentioned in the report indirectly? This is due in part to the workings of our constitutional state. Article 120 makes it impossible to test laws against the constitution. We would therefore like to null this article and found a Constitutional Court. This way we can ensure that laws are tested for racist and discriminatory elements and that institutional racism is tackled at the root. If this scandal has proved anything, it is that we need to change course drastically. And that is not possible if the same dolls remain in the same theatre.
