The (Non) Implementation of Recommendations of the Committee on the Elimination of Racial Discrimination in the Netherlands Explained

Abstract

Abstract This article examines the implementation of the recommendations (COs) of the committee monitoring the Convention on the Elimination of Racial Discrimination (CERD) and the causal mechanisms leading to compliance. It is shown that these non-binding COs for the Netherlands have been ineffective in terms of securing compliance. One reason for this is the limited usefulness, legitimacy and persuasiveness of CERD and the COs. Another more important reason is the absence of domestic mobilisation in relation to CERD's COs. By analysing some effective COs of the committees monitoring the Convention on the Rights of the Child and the Convention on the Elimination of Discrimination Against Women, this article demonstrates that COs might still be effective when other actors than the government, such as parliament and national courts, take action on the basis of COs. It is shown that action and attention of parliament and national courts is dependent upon the lobbying work of NGOs, which is crucial for the effectiveness of COs.