There is a clear difference in the interpretation of humanitarianism between the Dutch state and Dutch municipalities in relation to the plight of rejected asylum seekers. Where the central government does not consider it necessary to provide them with shelter, Dutch municipalities are offering a minimum safety net, through their so-called ‘bed, bath and bread’ arrangements.

Asylum procedures

Asylum seekers in the Netherlands can be granted asylum in the event that they require protection, for example because they are being persecuted for their religion, political beliefs or background. The obligation on the part of the Netherlands to grant asylum in these situations is based on international treaties. Over the past fifteen years, the European Union has established many rules to protect people seeking asylum in the EU. The most important document in this context is the 2003 Dublin Regulation, which determines which EU Member State is responsible for processing an asylum application.

After receiving an asylum application, the Dutch Immigration and Naturalisation Service (IND) will assess the risk that the asylum seeker would face if they returned to their country of origin, but it will also take into account whether the asylum seeker has family in the Netherlands and if they are in ‘a situation of disproportionate hardship’. If, in the Immigration and Naturalisation Service's view, this is not the case the Dutch government is no longer obliged to provide them with shelter and housing. Rejected asylum seekers have a right to appeal if their application is rejected. If the judge upholds the decision made by the IND, the asylum seeker is required to voluntarily leave the Netherlands within a certain period. He or she must do so from a location in a municipality designated by the government. The Ministry of Security and Justice's Repatriation and Departure Service, the body responsible with implementing the government's so-called return policy, goes on to review whether forced departure needs to take place. This service registers the actual departure of rejected asylum seekers. If rejected asylum seekers do not depart voluntarily, the Royal Netherlands Marechaussee and the Aliens Police can deport them. If the asylum seeker or the government of their country of origin do not cooperate in their departure, the only remaining recourse of the asylum seeker is to fall back on the humanity of the municipalities, which provide shelter through the municipal ‘bed, bath and bread’ arrangement.