Dutch Activist Faces Trial Over Profanity-Laced Tirade Against King
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Version 0 of 1. LONDON — The Netherlands has long been celebrated for its liberalism, but an anti-racism activist appears to have run up against the limits of Dutch tolerance after cursing the country’s first king in more than 120 years. Dutch prosecutors said Thursday that the activist, Abulkasim al-Jaberi, would go on trial on charges of insulting the king, under a centuries-old law in a case that is connected to broader national issues, including freedom of expression, the sanctity of the monarchy and the culture war over a blackface character, Zwarte Piet, or Black Pete, a sidekick of Santa Claus in the Netherlands. Mr. Jaberi, who could face up to five years in prison, was arrested on Nov. 16, while he was protesting against Black Pete, he says. Black Pete accompanies St. Nicholas in a popular parade in November, and is often portrayed by children and adults who put on blackface makeup, paint on large red lips and wear frizzy black wigs. Critics say it is a racist relic from colonial times. In a tirade that was captured on television, Mr. Jaberi used a barrage of swear words against King Willem-Alexander, who was inaugurated a little more than two years ago. Mr. Jaberi’s lawyer, Willem Jebbink, said the tirade linked Black Pete to the Dutch royal family and colonization. Supporters of Black Pete, and there are many in the Netherlands, contend that the character is not racist and that use of blackface is intended to represent soot from traveling down a chimney. Evert Boerstra, a spokesman for the Amsterdam prosecutor’s office, said by telephone that Mr. Jaberi had been charged with deliberately insulting the king, and that he would appear in court on May 27. But Dutch news reports, citing Mr. Jaberi’s defense team, later said prosecutors had postponed the court appearance, saying they needed more time to prepare to question defense witnesses. He said that Mr. Jaberi was being tried because he had failed to pay a fine of 500 euros, or about $570, related to the original offense. “We don’t make the laws, we just enforce them,” he said, noting that prosecutions under the so-called lèse-majesté laws, dating from 1886, were very rare. Under the law of lèse-majesté, or injured majesty, in the Netherlands, a person who is found to have purposely insulted the king or a member of the royal household can be subject to a fine of as much as €20,000 or as many as five years in jail. Although human rights groups have condemned the use of lèse-majesté in countries such as Thailand as a pretext to silence criticism or dissent, the application of the law in the Netherlands is viewed as surprising in a country that prides itself on its liberalism. Some critics, not least Mr. Jebbink, argue that the law is an anachronism that breaches European laws guaranteeing freedom of speech and expression. “The police removed him from the stage and arrested him,” Mr. Jebbink said by phone. “The Netherlands likes to say it upholds human rights to the highest standards, but his arrest is a shame and disgrace.” Peter Bouckaert, a director at Human Rights Watch, said that the prosecution had surprised him and was a source of concern. “This case represents a clash between the liberal outlook of Dutch society and an antiquated law that I am sure the king doesn’t think is necessary to protect his stature in Dutch society,” he said. “Profane behavior should not be criminalized. Blackface marches are seen as racist by many people of color, and that must be addressed. But freedom of speech needs to be protected.” The mayor of Amsterdam, Eberhard van der Laan, who burst into laughter when he learned of the prosecution, said he did not believe that Mr. Jaberi’s words warranted prosecution, let alone prison, according to Het Parool, an Amsterdam-based newspaper. Although he was skeptical of Mr. Jaberi’s contention that he had suffered intensely from the arrest, he also suggested that the king might not approve of the prosecution. “I know the king a bit, and I think he sees this more democratically than what the law suggests,” he was quoted as saying by Het Parool. The case has revived a debate about Black Pete, a polarizing character. In July 2013, an Amsterdam district court agreed with findings by a United Nations advisory committee that Black Pete’s appearance was offensive, but the decision was overruled by a superior court in The Hague. Addressing concerns over Black Pete, Mr. van der Laan, suggested last year that Black Pete could gradually become Sooty Pete, and would change in appearance over the coming years to make him eventually look more like someone who had braved a chimney rather than an outmoded stereotype of an African. The Netherlands is not the only European country to punish those who insult a monarch. In 2007, two cartoonists in Spain were each fined €3,000 for publishing a cartoon in the magazine El Jueves of then-Crown Prince Felipe engaged in a sexual act with his wife. The cartoon showed the prince saying, “Do you realize, if you get pregnant this will be the closest thing I’ve done to work in my whole life.” |