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Staatsinrichting en rechtsstaat


17-03-2021
Programme

Luister naar dit hoofdstuk ingesproken door kandidaat Daryll Ricardo Landbrug

BIJ1 strongly supports democracy: a form of state based on the principle of equality. When people’s equality is no longer taken for granted, our democratic rule of law is undermined. BIJ1 stands for a fair rule of law for all. A rule of law that is free and secure and in which citizens, whistleblowers and journalists are protected. In such a constitutional state, in which equality is the basis, there is no place for old-fashioned symbols of inequality.

A CONSTITUTIONAL STATE FOR ALL

  1. All human rights treaties are given direct effect in Dutch law. This concerns in any case the Convention on the Rights of Children, the Convention on Women’s Rights and the UN Convention on the Rights of Persons with Disabilities. We are ratifying the optional protocol to the UN Convention on the Rights of Persons with Disabilities.
  2. The Netherlands will take recommendations of international human rights organisations and committees seriously and implements their recommendations in accordance with our programme.
  3. Ethnicity, origin, nationality, disability, sexual orientation, gender identity and gender expression are included in Article 1 of the Constitution.
  4. The government is going to use its right (and duty) to ban organisations that discriminate structurally, insult groups and/or sow hatred.
  5. Existing laws against discrimination will be enforced more rigorously. We are extending these laws by drawing up a legal definition of racism, anti-black racism and Islamophobia that does justice to their structural nature. Discrimination legislation is being brought into line with these definitions.
  6. Group defamation, digital bullying, discrimination and calls for racist violence on social media will be combated, primarily by means of covenants with the platforms.
  7. Existing legislation on defamation, slander and hate sowing is rigorously enforced, also in order to combat ‘fake news’ and its consequences.
  8. Tax evasion and fraud by the richest must be detected and stopped. We are investing in investigation teams and bringing criminals to justice.
  9. Clothing is a free choice. Laws that promote discrimination and affect the self-determination of groups of people, such as the partial niqab ban, will be abolished.
  10. The Netherlands supports the principle that an ambiguous identity has added value and therefore broadens the currently very limited possibilities of retaining dual nationality for every Dutch citizen who wishes to do so.

A FREE AND SECURE RULE OF LAW

  1. There will be stronger and public control over the functioning of the security services. In addition, it must be made clear how people’s privacy is guaranteed in the algorithms that use the services. It must also be demonstrated that the use of these algorithms does not lead to ethnic profiling.
  2. Homeland security services are being restricted in their powers. Powers to collect bulk data and hack third parties, as well as automatic access to databases, should be withdrawn.
  3. We will end all cooperation with the secret services of anti-democratic countries such as Israel and the United States. In order to maintain the safety of (political) refugees, migrants and journalists, the Netherlands must severely restrict the provision of data to foreign secret services.
  4. The independence of journalists must be protected. That means combating intimidation, detention and tracking of journalists by the prosecution and security services. We also need to take better care of the safety of these independent journalists. It is absurd that journalists need to bring security to demonstrations more often, because they are being threatened by extreme right-wing hatred.
  5. Journalists around the world must be able to do their work without being thwarted by violence, censorship and persecution. In this context, the government is stepping up its efforts to increase security, support and emergency aid for journalists.
  6. Whistle-blowers are actively protected through the use of an independent organisation.
  7. The right to demonstrate is strictly respected.

HEALTHY AND DIRECT DEMOCRACY

  1. We will set up a Constitutional Court that can review laws against the Constitution. To that end, we are repealing Article 120 of the Constitution, which now makes it impossible to check laws against the Constitution.
  2. We will abolish the monarchy, a centuries-old symbol of inequality and, moreover, a major expense: the Netherlands will become a Republic with a president.
  3. We expropriate the (colonial) capital of the royal family and use this money to restore justice for the former colonies.
  4. Voting rights will be reformed. For example, the voting age will be lowered to 16 and refugees and migrants will have quicker access to the right to vote. We will make it possible for detainees to vote in person instead of by proxy only.
  5. We encourage local forms of direct democracy, such as district councils and other forms of direct citizen participation.
  6. We are reviewing the law on the citizens’ initiative and making the citizens’ forum a standard part of the follow-up to a successful citizens’ initiative.

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