JOB COHEN- Freedom of religion is no longer regarded as a key concept of a free society. This
represents a break with three centuries of Dutch tradition because, as Kennedy observes,
‘‘the entire modern order is based on freedom of religion, on the freedom of minorities
to exercise their consciences without compulsion from the State.’’ Many liberal thinkers
now believe—out of fear of Islam—that this is no longer necessary. Freedom of religion
is even viewed as an obstacle to a free society. - Freedom of education has become a matter of debate, too, once again out of fear
of Islam. Prior to 9/11 this was never an issue; now people argue that we must change
tack.
Another consequence of the new majority thinking is that people tend to regard
themselves as enlightened and emancipated, and they take a stand vis-a`-vis minorities
that are seen as being neither. This has two consequences: (1) the minority is put under
pressure to adapt; and (2) the burden of being tolerant shifts from one addressed to
oneself to a reproach to the other. Instead of asking ‘‘Am I sufficiently tolerant?’’ we
berate the other person: ‘‘You are not sufficiently tolerant.’’ In addition, this shift takes
place without due reflection on the quality of one’s own tolerance. On this point, Kennedy
observed, after the murder of Theo van Gogh: ‘‘I am in no doubt that double standards
were applied in relation to what Theo van Gogh said about Muslims. This was widely
accepted, whereas the discriminatory remarks of Muslims were accepted to a much lesser
extent.’’^6 This is a ‘‘worrying development,’’ says Kennedy, and I very much agree
with him.
Can a Minority Retain Its Identity in Law?
Collective Rights?
Now that I have outlined the social context within which the debate on minorities and
between majority and minority is taking place in the Netherlands in 2005, we must pause
and consider the concept of ‘‘retaining one’s identity.’’ Let us assume that this is intended
to mean the complex of factors that characterize a particular group, such as culture,
religion, language, daily customs, structure of family life, and sexuality. ‘‘Retaining one’s
identity’’ is therefore closely connected with the exercise of universal human rights and
fundamental rights, both as a group and as an individual.
The question ‘‘Can a minority retain its identity in law?’’ is therefore above all the
question of whether in the Netherlands immigrants or Muslims can remain themselves in
lawas a group. If the question is couched in such terms, I can give a short, categorical
answer: no. This has been the case since the beginning of this year, when the Dutch
government ratified the European Framework Convention for the Protection of National
Minorities. The Framework Convention was approved by the Dutch Parliament by Act
of 2 December 2004.^7
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