CAN A MINORITY RETAIN ITS IDENTITY IN LAW?Finally, when we talk about combating polarization and mobilizing positive forces,
we must bear in mind that this is a lengthy process and that it must continue even in the
case of extreme threats such as terrorist attacks. There is simply no other option.
Ladies and Gentlemen,
This brings me to the conclusion of my remarks. We have been talking about the relation-
ship between minorities and the majority in the Netherlands in the year 2005. We have
paused to consider the traditional characteristics of the Netherlands: ‘‘unity in diversity’’
and ‘‘respect for the right of others to be different.’’ These traditional characteristics are
perhaps subject to change in our era owing to the development of a mono-identity, as
James Kennedy has said, an identity that may be endorsed by a majority of the population
for the first time in Dutch history, to the possible exclusion of others who do not wish to
adopt this identity, and what consequences this entails. My answer to today’s question
‘‘Can a minority retain its identity in law?’’ has been as follows:
- Immigrants or Muslims in the Netherlands have no collective group rights, no rights
to maintain a group identity, and no recognition as a national minority, except for
the human rights contained in the Constitution and in various European and inter-
national conventions on human rights. - There should, however, be protection for ethnic minorities and Muslims as individu-
als, even when they act jointly or collectively, to remain themselves, that is, to con-
tinue in their own beliefs and customs, on the basis of the constitutional freedoms
that apply to everyone in the Netherlands.
We have examined our legal system, with its emphasis on guaranteeing the tradition-
ally plural nature of Dutch society, and have found that the system functions properly.
This is something of which we may be proud. We have also found that when it comes to
the position of minorities in our society, it is not so much the law as the relationship
between citizens that causes friction. Individuals and groups of individuals who ‘‘wish to
retain their identity’’ generate friction with others who also ‘‘wish to retain their identity.’’
They then clash with one another and do not know how to resolve their conflicts. This
leads to unease and an atmosphere of fear, alienation, and menace. The social background
to this, including both national and international factors, has been considered. We have
seen that we must do everything we possibly can to prevent further polarization, and that
we must mobilize many forces in Dutch society to this end. I have attempted to indicate
how this should be done by referring to the opinion of Ervin Staub, who recommends a
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