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“It’s like a license to demand reparations in every instance,” fears one NU.nl reader, now that the government has apologized for slavery. Many observers wonder if the Netherlands has opened the door to people seeking reparations. But that chance is practically zero, experts tell NU.nl.
Lawyer Leanne Wijntjens received her PhD in 2020 on thesis ANow if I say sorry, am I pleading guilty? About Apology in Civil Proceedings and Medical Disciplinary Proceedings. He has tried nearly 4,000 civil and medical disciplinary cases.
Based on his research, the Tilburg University lawyer concluded that you are much less likely to pay compensation after you apologize: in 2 out of 3,938 cases studied by Wijntjens, “apologizing was associated with negative legal consequences.”
The advocate thinks that the prospect of reparations is very small given the past of slavery. “There are two big legal hurdles: the statute of limitations, because slavery is long in the past, and you can prove damages to yourself personally.”
In 2021, a professor of legal philosophy, Wouter Verard, said the same thing as Wijntjens about the past of slavery. “The chances of you successfully claiming damages in front of a judge based on the excuses the government makes are almost zero,” he told NU.nl.
“The excuses for the whole Dutch slavery past are pretty common. But you can prove concrete damage before a judge. And that damage has to be a direct result of a concrete event in the past.”
Advice to Government: The State should not make itself responsible
The Cabinet received it in July 2021 Advice Apologize for past servitude. The law must also state that slavery is a past wrong.
But the people’s group that created the advisory believes the government should not hold itself accountable. That too should be included in the Act. “The acknowledgment and apology expressed in this Act does not create any liability for the injustice acknowledged and condoned,” they wrote in their opinion.
No successful cases have been conducted abroad either
Globally, no one knows of any recent examples of people successfully suing after being pardoned.
Professor France sees incl. “That country has had a law since 2001 that calls slavery past — the slave trade and plantation slavery — a crime against humanity. The French law has not led to successful claims for damages.”
Wijntjes points to lawsuits brought by people in the United States seeking reparations because of that country’s slavery. “They’re all bogged down by limitations or lack of solid evidence.”
Apologies actually work in favor of the person giving them
According to Wijntjens of International Research and other advocates, making excuses can actually work to your advantage. After an apology, relatives are less likely to initiate legal action. Settlements are also done earlier.
In criminal cases, some judges impose lesser sentences if the suspects have pleaded guilty. They must be convinced that forgiveness is genuine.
But perhaps more importantly: Wijntjens concludes in his dissertation that an apology can have a positive effect on both the ‘offender’ and the ‘victim’. Think about improving the relationship between both parties and reducing guilt.
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08 nov 2022 om 06:02
Dit betekent het slavernijverleden waarvoor Nederland excuses aanbiedt
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12 sep 2022 om 15:00
Dit is het nut van (nu nog) excuses aanbieden voor de slavernij
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