The Dutch government should suspend its discriminatory “integration test abroad” – an exam on Dutch language and society – that is required for family migrants from some non-Western countries following a July 15 court ruling that the test is unlawful, Human Rights Watch said today.
Although the court’s decision was based on a technicality and did not actually address the applicant’s argument that the test is discriminatory, Human Rights Watch urged the Dutch government to suspend the test immediately rather than wait for the results of an official review it is conducting.
“The integration test was ill-conceived from the start, and it should be suspended right away,” said Haleh Chahrokh, researcher on Western Europe at Human Rights Watch. “Now that the court has ruled, the Dutch government should not wait for the end of its policy review to stop administering this discriminatory test."
The test requires migrants from certain countries, including Turkey and Morocco, who wish to join relatives in the Netherlands to first pass a test in their home country, to demonstrate a basic knowledge of the Dutch language and Dutch society. Migrants from other, mostly “western” countries are exempt.
Amsterdam’s district court ruled on July 15 that it was unlawful to require an illiterate Moroccan woman wishing to join relatives in the Netherlands to pass the integration test before being allowed in to the country.
A recent Human Rights Watch briefing paper, “Discrimination in the Name of Integration: Migrants’ Rights Under the Integration Abroad Act,” concluded that the test and related financial measures violate the Netherlands’ international human rights obligations, because it discriminates by nationality and national origin, restricts family reunification, and undermines the right to family life and the duty to enable residents to marry and start a family.
Human Rights Watch found that the test is discriminatory because it explicitly applies only to relatives from predominantly “non-western” countries. The combination of the test and the high costs of applications, coupled with strict financial requirements for migrants generally, disproportionately impact two of the largest migrant communities in the Netherlands—Moroccans and Turks—who wish to bring family members to the Netherlands.
The Dutch government is currently conducting a review of the legislation, which is due to report its findings in early 2009. The issues Human Rights Watch believes should be fully addressed by the ongoing review are set out in an open letter sent on July 16 to Dutch Integration Minister Ella Vogelaar, Human Rights Watch’s research has prompted questions to the government about the test from Dutch parliamentarians. The government’s response to those questions is also addressed in the letter.
“The ongoing review will be useful to examine and remedy many of the concerns we identified in our report,” said Chahrokh. “But a court has already determined that the test is unlawful so there is no need to wait for the review to suspend the test.”
Human Rights Watch said bringing Dutch integration policy into line with human rights law should be an urgent priority, especially because the Netherlands serves a model for other EU states in this area. The United Kingdom, Germany, Denmark and France have all adopted or are contemplating the adoption of similar restrictive measures. Human Rights Watch called on all EU member states to ensure their integration policies are in full compliance with international human rights law.
