[New publication] Memory Laws on slavery in France and the Netherlands: From guillotines to windmills

When it comes to confronting the dark chapters of colonial history, European nations are trying different approaches. A surprising finding suggests that sometimes saying ‘sorry’ works better than passing laws. A new article by Ulad Belavusau (Asser Institute), published in the journal Law and Critique (Springer), shows that the Netherlands' symbolic gestures may be more effective than France's formal legislation at acknowledging historical injustices while preserving academic freedom. 

France's 2001 Taubira Law, which recognises the transatlantic slave trade as a crime against humanity, has sparked significant controversy among historians who warn of state-imposed historical narratives. In France, these "memory laws" – governmental attempts to legally preserve the memory of the past – have been initiated by both left- and right-wing political movements, illustrating the risks of parliamentary intervention in historical narratives from both political spectrums.  

The legislation has created what Belavusau describes as a "chilling effect" on academic discourse, with scholars facing social and legal repercussions for dissenting opinions on sensitive historical topics. Pierre Nora, one of France's most distinguished historians and the author of a term central to memory studies, lieux de mémoire (sites of memory), has criticised such memory laws as "a distinctively French legislative sport, arguing they impose an anachronistic view of history by applying modern legal concepts like “crimes against humanity" to past events". This scholarly push-back culminated in the "Freedom for History" movement, supported by prominent historians including Carlo Ginzburg, Eric Hobsbawm, Timothy Garton Ash and Aleida and Jan Assmann, which warns that state-sanctioned versions of history risk limiting free inquiry. 

 A softer approach 

Twenty years later, the Netherlands has chosen a distinctly different path. Rather than formal legislation, it has pursued what Belavusau terms "mnemonic constitutionalism"; a softer approach through symbolic acts. Dutch Prime Minister Mark Rutte's formal apology in December 2022, followed by King Willem-Alexander's acknowledgment of the Netherlands’ involvement in slavery in July 2023, represent official recognition without parliamentary legislation.  

Belavusau’s research demonstrates that these symbolic acts functions similarly to formal memory laws in influencing public discourse and shaping collective memory, while maintaining space for open, critical dialogue.  

The Dutch constitutional framework adds another layer of comlexity. As the Kingdom of the Netherlands comprises four constituent countries – including Aruba, Curaçao, and Sint Maarten – any formal memory law would require careful consideration of territorial application, potentially necessitating consensus among all constituent countries. 

Acknowledging historical wrongs 

While France's legal approach might appear more robust on paper – particularly as it aligns with global movements for decolonisation and racial justice – the Dutch model sidesteps the contentious debates that have characterised similar laws elsewhere. These include accusations of stifling free speech and contributing to "cancel culture". 

In a constitutional monarchy, the King or Queen acts as a unifying figure, representing the nation’s identity linked it to its historical past. In this role, the monarch safeguards a shared memory of the nation, offering a sense of social coherence and stability through symbolic constitutional acts. By leveraging the monarch's role as a symbol of national unity and historical continuity, the Dutch framework offers a path to acknowledging historical wrongs without the “chilling effect” on academic discourse that has characterised France's legislative approach.  

As European nations increasingly grapple with colonial legacies, Belavusau's comparative analysis provides timely insights into how democratic societies can balance historical justice with scholarly freedom – a model that may prove instructive for other nations , monarchies in particular, navigating similar reckonings. 

Read the article (open access) 

About Ulad Belavusau 

Dr Uladzislau Belavusau is a senior researcher in European Law at the Asser Institute/University of Amsterdam. Previously, he was Assistant Professor in EU law and human rights at the Vrije Universiteit Amsterdam (2011-2015). His research and teaching cover various areas of EU (especially constitutional and anti-discrimination) law, human rights and memory politics. He has published widely on memory laws and co-edited books ‘Law and Memory’ (Cambridge 2017) and ‘Politics of Memory Laws’ (Hart-Bloomsbury 2025). Belavusau is part of the Asser Institute’s research strand “In the public interest: accountability of the state and the prosecution of crimes’, which examines the the accountability of states”. 

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