[Op-ed] Keti Koti: “The Dutch model of public and unifying apologies deserves international attention”

Published 1 July 2025

@Pexels - Slavery monument in Rotterdam by artist Alex da Silva, commemorating the Dutch history of slavery. The art work is titled: 'Clave: The body that is a slave leaves, the soul that is free remains'.

Uladzislau Belavusau, senior researcher at the Asser Institute, has published an opinion piece in Dutch newspaper de Volkskrant arguing that the Netherlands' approach to addressing its colonial past offers a compelling alternative to restrictive memory laws adopted by other European countries. Belavusau: “Let Ketikoti remind us not only of the past, but also of the wisdom with which we give that past – constitutionally and morally – its place.”

Writing on Ketikoti, the Dutch commemoration of the abolition of slavery in Surinam and the former Netherlands Antilles, Belavusau contrasts the Netherlands' symbolic approach with France's controversial memory legislation. He warns that France's Loi Taubira (2001) and similar memory laws risk politicising history and creating what he terms a ‘parliamentary guillotine’ where historical memory becomes subject to changing political winds.

Instead, Belavusau praises the Dutch government's choice of public apologies – first by then-Prime Minister Mark Rutte in 2022, followed by King Willem-Alexander in 2023. This strategic sequence – first the government, then the head of state, Belavusau argues, created shared responsibility without the constitutional complexities and legal ‘paternalism’ often associated with memory laws.

As the Dutch King represents not only the Netherlands, but the entire Kingdom of the Netherlands – including the Caribbean countries Aruba, Curaçao and Sint Maarten, a parliamentary memory law concerning the slavery past could have required a complex constitutional route, possibly via a consensus kingdom law, with approval from multiple parliaments. By avoiding this, division or legal wrangling was prevented, Belavusau writes.

Symbolic figures and rituals
The author, who is an expert in comparative memory legislation, introduces the concept of ‘mnemonic constitutionalism’ – the shaping of collective memory within a constitutional framework. Belavusau writes: “Contrary to what is often thought, this need not happen through preambles or constitutional articles. Symbolic figures and rituals – such as the monarchy – can play a supporting role in this, as a constitutional anchor of continuity and intergenerational transition. Ketikoti is precisely such a space. It commemorates, connects and grows alongside how we dare to face our history. No law dictates the memory; it is citizens, schools, museums and descendants who shape collective consciousness.

In his recent academic article published in the journal Law and Critique, Belavusau compares the Dutch and French approaches to memory politics. He argues that the Dutch model of mnemonic constitutionalism is particularly impactful due to the enduring presence of the monarchy.

Within a constitutional monarchy, the King or Queen functions as a symbol of national unity and continuity, embodying the identity of the nation and anchoring its historical narrative. In this context, the monarch serves as an ontological custodian of collective memory, reinforcing societal cohesion and providing ontological security through symbolic constitutional practices.

In his op-ed, Belavusau suggests that the ‘Dutch model’ deserves international attention, particularly for other monarchies grappling with colonial legacies. His analysis positions the Netherlands as demonstrating ‘constitutional wisdom’ in giving the past its proper place through inclusive commemoration rather than divisive legislation.


Read the full op-ed (in Dutch)

 

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.

Read more
Memory Laws on Slavery in France and the Netherlands: from Guillotines to Windmills
This article in the ‘Law and Critique’ (2025) compares how France and the Netherlands address the legacy of slavery, contrasting France’s formal 2001 Taubira Law with the Netherlands’ recent state apologies by the Prime Minister (2022) and the King (2023), without legislative action in parliament. While the French model offers legal clarity, the Dutch approach avoids the polarisation and censorship risks often linked to memory laws. In the Dutch constitutional monarchy, the King’s symbolic role enables a form of mnemonic constitutionalism that may foster inclusive remembrance without legal rigidity.

Connecting Historical Memory Governance in Latin America and East Asia
The MEMOCRACY project recently hosted a groundbreaking workshop at the Asser Institute, bringing together scholars from East Asia and Latin America to the Hague, for the first time to compare legal governance of history through memory laws. These laws, which regulate how societies remember the past, can range from commemorative to punitive, and raise complex issues around human rights, free speech, and national identity. By expanding the conversation beyond Europe, the workshop enriches the project's research into the global dimensions of memory politics and fosters new academic collaboration across continents.

The Politics of Memory Laws - Russia, Ukraine and Beyond
This upcoming open access book explores the political utility and consequences of memory laws with a focus on how militant memory laws frame, underpin and generate international conflicts. Proceeding from Russia's ongoing aggression against Ukraine, this examination plots how memory laws have preceded, partially led to, and encouraged the outbreak of the war itself via Russian propaganda. It also offers a broader perspective looking at developments in neighbouring countries such as Poland and Hungary. Bringing together scholars with diverse perspectives, this book provides both analysis and conceptual reflection for scholars assessing the politics of memory laws. Read more. 

[New publication] Rule of law and constitutionalisation of memory politics in Hungary and Russia
In his chapter for the new book Rule of Law in Crisis- Constitutionalism in a State of Flux (edited by Martin Belov, Routledge 2023), senior Asser Institute researcher Ulad Belavusau focuses on the rise of memory laws in Hungary and Russia throughout the 2010s. According to Dr. Belavusau, Russia not only stirred up major memory wars in the region, but also uses these memory laws as a fake justification for the war against Ukraine. Read more.