Wednesday, 12 November 2014 - 14:54
Amsterdam wins Zwarte Piet court judgment
The Council of State ruled that the Court of Amsterdam is not allowed to chastise Mayor Eberhard van der Laan over Zwarte Piet.
At the granting of a license, Van der Laan does not have to determine whether or not Zwarte Piet is a racist character, according to the Council.
"The mayor of Amsterdam rightly only tested the licence for the Sinterklaasintocht of 2013 against the requirements of public order and security. He is not qualified to answer the question whether the figure of 'Zwarte Piet' has a discriminatory effect and thus constitute an infringement of the fundamental right to respect for private life and the prohibition of discrimination." the Council of State said about the ruling.
The council of state can not go into the question of whether the figure of Zwarte Piet at the arrival of Sinterklaas constitutes an infringement of the right to respect of private life, or violates the prohibition of discrimination.
"Whether the figure of 'Zwarte Piet' actually violates fundamental rights can nevertheless be submitted to a judge, but not in proceedings against the mayor about the event licence for the Sinterklaasintocht. It is conceivable that a procedure is initiated by the civil courts on the grounds of unlawful act against the organizers and executors of the event or that charges are done of suspected offences." - Council of State.
Quinsy Gario and Sunny Bergman, opponents of Zwarte Piet, and attorney Wil Ekelboom, see the above statement as an encouragement to press charges against the various committees of the arrival ceremonies in the country.