Netherlands: Dissertation veto
01 September 1992
The Dutch Ministry of Justice has asked a court to oblige academic researcher Mr. Anil Ramdas to present all his publications, including a PhD study, to a Ministry screening board before publication. Mr. Ramdas attended closed meetings of the advise commission for Alien Affairs in 1988, in which the commission hears asylum seekers whose requests have been turned down. Last year, Amnesty International asked Mr. Ramdas to give a talk describing his experiences with the appeal procedures, after which the Justice Department started summary proceedings to withhold Mr. Ramdas from disclosing confidential information.The researcher described the appeal procedures, which in some 4 percent of the cases lead to a review, as a "tragic ritual" in which a body incapable of dealing with all requests goes through the motions just to allow the Dutch public peace of mind. The Ministry of Justice states that dozens of researchers are allowed access to confidential procedures and situations. They all sign confidentiality agreements, and this is the first time anyone chooses to violate them. After studying the rather vague confidentiality agreement that Mr Ramdas signed before commencing his research the judge last year allowed him to continue with his publications in a "responsible manner". A ruling which the Ministry of Justice has now appealed against.
Mr Ramdas, who expects to finish his dissertation next year,has agreed to present it to the advisory commission before publication to allow discussion over disagreements. He says: "This is my interpretation of the agreements. But I know that Justice holds a different view: they want a veto over it". He feels that confidentiality is being enforced in this case to avoid a critical presentation of sensitive practices. He denies painting a negative picture. "My research is all about the question how a society holding humanitarian ideals can turn against the coming of migrants and asylum seekers. One of my explanations is that the welfare state has limited capacities. The treatment of asylum requests takes place in a situation of impotence. This results in a ritual which allows politics to stay out of the process while giving the asylum seekers the impression that they get a fair chance".