Defence and Security Policy and Policy Transparency
Q1
83/100
Is there formal provision for effective and independent legislative scrutiny of defence policy?
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According to the Dutch Constitution, the Government has ‘supreme authority’ over the armed forces (Article 92.2), Parliament has the power to approve or reject…
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Parliament engages in legislation regarding security and defence. Existing laws pertaining to defence are amended in accordance with broader national laws [1] and major…
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There are rules in force relating to the coercion and undue influence of members of Parliament, but they remain vague, and sanctions are enforced…
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Q2
92/100
Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisations) to exercise oversight?
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The House of Representatives Standing Committee on Defence consists of 25 permanent members. The Committee is active in scrutinising budgets, missions, personnel management, policy…
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Some of the members of the Committee have expertise in the defence sector, but most do not [1]. Though a civil servant working for…
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Sections 40 and 41 of the Committee Rules of Procedure do not stipulate a time frame for reviewing major policies and decisions [1]. However,…
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Section 33 of the Committee Rules of Procedure does not stipulate a time frame for frequency of meetings [1]. However, in practice, the Committee…
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The Committee conducts long-term investigations on current activities and operations [1]. In 2020, aside from budgetary consultations, the Committee focussed on discussing major defence…
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Recommendations are articulated by the Committee via motions in the House of Representatives [1]. The Committee also provides recommendations to the Ministries first through…
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Q3
69/100
Is the country’s national defence policy or national security strategy debated and publicly available?
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The Netherlands has a culture of openly debating Dutch defence policy and security strategy. Broad policy is publicly outlined in a number of documents,…
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The Ministry of Defence seeks to address a wide range of topics in strategic documents, including the clear articulation of the security threats facing…
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There is no recent evidence of the existence of formal public consultations on defence or security policy. The most recent online public consultation in…
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The public can easily access documents pertaining to defence policy or national security strategy online [1,2]. However, documents are not open to public scrutiny…
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Q4
100/100
Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption?
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The Dutch government’s policies exhibit openness towards CSOs. Such policies require the engagement in strategic dialogue on goals and results with CSOs, the exchange…
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CSOs are able to operate free from government interference and intimidation [1]. Freedom of expression in the Netherlands is protected by Article 7 of…
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Defence and security institutions regularly work with CSOs on corruption issues. For example, civilian representatives of government have regularly been involved in discussions with…
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Q5
75/100
Has the country signed up to the following international anti-corruption instruments: UNCAC and the OECD Convention?
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The Netherlands ratified both the OECD Anti-Bribery Convention and the United Nations Convention against Corruption (UNCAC) in 2001 and 2006 respectively [1,2]. In 2018,…
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The Netherlands has had minor issues regarding compliance with both the OECD Anti-Bribery Convention and the United Nations Convention against Corruption. In 2015, the…
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Q6
100/100
Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?
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The Netherlands has a culture of openly debating Dutch defence policy and security strategy though journalism, activism and public discussions. As outlined in Question…
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The government engages in regular debate with academia, opinion-formers and civil society about defence issues through workshops, panel discussions and private meetings. Last year,…
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Q7
100/100
Does the country have an openly stated and effectively implemented anti-corruption policy for the defence sector?
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The model approach for basic standards of integrity’ obliges all Dutch government organisations in public administration and the police to pursue an integrity policy…
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The policy reflects the institutional weaknesses in the system, notably by describing corruption risks that are (somewhat) specific to the Ministry of Defence. This…
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Q8
67/100
Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
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The main institution responsible for integrity within defence and security is the Central Defence Integrity Organisation (COID). The role of the COID is to…
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The Central Defence Integrity Organisation (COID) is part of the Ministry of Defence and is therefore not explicitly independent. Following a series of recommendations…
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The staff within the COID attend training courses that cover theory, examples and risks of corruption within defence [1]. Confidential advisors must continuously keep…
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Q9
NS/100
Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
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This indicator is not assigned a score in the GDI. Transparency International’s Global Corruption Barometer 2016 (latest known data), contains ‘positive’ or ‘mediocre’ ratings…
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Q10
50/100
Are there regular assessments of the areas of greatest corruption risk for ministry and armed forces personnel, and are the findings used as inputs to the anti-corruption policy?
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Risk assessments on integrity are conducted by the Central Defence Integrity Organisation (COID) as a means to highlight vulnerabilities to commanders and supervisors [1].…
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A form of risk assessment is conducted regularly in the sense that all military personnel and most civilians working in defence must undergo security…
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There is not enough information to score this indicator. As stated previously, integrity risk assessments have a broader scope than anti-corruption alone and as…
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Defence Budgets
Q11
75/100
Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
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The Netherlands Court of Audit oversees the Defence Materiel Process (DMP), which clearly outlines internal acquisition processes for projects costing more than 25 million…
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Extensive information on the Defence Materiel Process is publicly accessible online [1,2]. Information on acquisition processes is available to the public through the annual…
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Strong external audits to assess long-term acquisition plans and their legitimacy are only conducted if the project is designated a ‘major project’ by the…
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Q12
88/100
Is the defence budget transparent, showing key items of expenditure? And it is provided to the legislature in a timely fashion?
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The defence budget contains a somewhat comprehensive overview of expenditures across the Ministry of Defence. It is completely public and relatively transparent. The 2020…
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The House of Representatives receives an accurate defence budget proposal on Budget Day, which is on the third Tuesday of September, giving the legislature…
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Q13
100/100
Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way?
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The House of Representatives Standing Committee on Defence consists of 25 permanent members. The Committee is active in scrutinising budgets and acquisition decisions [1].…
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Members of the Standing Committee on Defence do introduce amendments to the budget. For example, a member of the Committee introduced an amendment to…
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Q14
83/100
Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?
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The approved defence budget is made publicly available and is available in a disaggregated form. The document contains tables designed for general public overview…
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The vast majority of the approved defence budget is fully disclosed to the public, including media and civil society actors. However, some expenses, whose…
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Citizens, civil society and the media can request additional information about the MoD budget by contacting the communications department by phone, letter or email…
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Q15
92/100
Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
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Article 105 of the Constitution requires all sources of income to be published and scrutinised [1]. The annual defence budget shows income figures associated…
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Article 105 of the Constitution also requires the balance sheet to be approved by the Court of Audit and presented to the States General…
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The public scrutinises the income of the Ministry of Defence, specifically that which is earned through the sale of equipment and arms. For example,…
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Q16
94/100
Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?
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The Central Government Audit Service (ADR) is the independent internal auditor of the Dutch government, including the Ministry of Defence [1]. The Government Accounts…
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Reports written by the Central Government Audit Service (ADR) are publicly disclosed [1]. The Minister of Finance sends an overview to the House of…
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The Netherlands Court of Audit is an independent, external organisation that audits all ministries and other public organisations, including the Central Government Audit Service…
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The Ministry regularly addresses audit reports in discussions and implements findings. For instance, the Central Government Audit Service’s (ADR) 2019 audit of the Ministry…
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Q17
100/100
Is there effective and transparent external auditing of military defence expenditure?
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The Netherlands Court of Audit is an independent, external organisation that audits all ministries and other public organisations, including military and defence spending [1].…
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The Netherlands Court of Audit is a High Council of State and is an independent institution separate from the government [1]. The Court’s budget…
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Audits by the Netherlands Court of Audit are published online and include a reasonable amount of detail on findings and methodologies [1]. For example,…
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In 76% of cases, the Ministry of Defence makes commitments following a recommendation from the Court of Audit [1]. The Ministry of Defence is…
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Nexus of Defence and National Assets
Q18
55/100
Is there evidence that the country’s defence institutions have controlling or financial interests in businesses associated with the country’s natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?
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The Dutch government is not prohibited from having controlling or financial interests in the exploitation of natural resources, including natural gas, which is the…
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There is evidence that the Ministry of Defence has controlling or financial interests in natural resource exploitation in the Netherlands. On a broader government…
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There is no evidence to suggest the involvement of defence personnel in the natural resource industry. The Code of Conduct for Defence stipulates that…
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Government interests in natural resource exploitation are publicly declared through the Ministry of Finance’s Annual Report on the ‘Management of State Participations’, which details…
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The annual report on the ‘Management of State Participations’ is presented to the House of Representatives for debate alongside a letter from the Minister…
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Organised Crime
Q19
88/100
Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?
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In most of the military there is little proof of organised crime being involved. One exception so far is the Marechaussee, who due to…
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All military personnel and most civilians working in defence must undergo security clearance processes administered by the Military Intelligence and Security Service (MIVD) prior…
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Q20
100/100
Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
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The Royal Dutch Military Police (KMAR) investigates all reports of organised crime and corruption in the defence services and works with the Public Prosecution…
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The Royal Dutch Military Police (KMAR) is part of the Netherlands armed forces and therefore the Secretary of Defence is responsible for its management.…
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There are numerous recent examples of the military police (KMAR) formally investigating cases of alleged misconduct or accidents in the armed forces [1,2,3]. Though…
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Control of Intelligence Services
Q21
100/100
Are the policies, administration, and budgets of the intelligence services subject to effective and independent oversight?
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The Dutch Review Committee on the Intelligence and Security Services (CTIVD) oversees the legality of the Dutch intelligence services – the General Intelligence and…
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The Dutch Review Committee on the Intelligence and Security Services (CTIVD) has access to classified information and releases reports with classified appendices so as…
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Q22
100/100
Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?
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Recruitment processes for senior positions within the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD) are subject to…
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The numerous stakeholders involved in the TMG vacancy process prevent undue influence in the appointment of candidates to top positions in the AIVD and…
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Numerous vetting procedures accompany the recruitment and appointment process for senior positions within the intelligence services. The General Administrative Service Bureau is external to…
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Export Controls
Q23
75/100
Does the government have a well-scrutinised process for arms export decisions that aligns with Articles 7.1.iv, 11.5, and 15.6 of the Arms Trade Treaty (ATT)?
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The Netherlands was one of the first countries to sign and ratify the Arms Trade Treaty (ATT) [1]. It was signed on June 3,…
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The Netherlands’ export licensing criteria adhere to the ATT principles of compliance with international embargoes, non-cooperation in violations of international humanitarian law or human…
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The Netherlands has a well-scrutinised process for arms export decisions. The export licences are only granted by the Minister of Foreign Trade and Development…
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Lobbying in Defence
Lobbying activity is not comprehensively or robustly regulated in the Netherlands and only limited mechanisms exist. The main rule impacting lobby activity is a…
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Limited mechanisms exist for public disclosure of lobby meetings. In 2016, the cabinet began publishing relevant agenda appointments with persons and/or subjects online [1].…
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There is a public register available for lobbyists within the House of Representatives, but it is voluntary and only covers in-person meetings held at…
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No oversight entity exists with a specific mandate to oversee lobbying activities. The Court of Audit and the Central Government Audit Service conduct accountability…
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