A Dutch Offer to Obama

You could call it a stroke of luck. Even before the new U.S. president occupies the White House, the Netherlands can help him find a solution to one of the major headaches that await him.

Dutch government officials have been saying for years that the prison camp at Guantanamo Bay must be closed. The words are good, but what is it to us?

America will soon have a president who has promised to close Guantanamo — but there are all kinds of practical risks associated with it. For example, there are dozens of prisoners who, as far as Washington is concerned, can go free, but they may be tortured, or worse, in their own country. Where can they go?

To the Netherlands, for example, suggested Lower House member Hans van Baalen (VVD–Dutch People’s Party for Freedom and Democracy) last year, and to other NATO member countries. There was no support for the idea. Not from other members of Parliament, not from the Government, and not from the allies.

Until last week. On the 60th anniversary of the Universal Declaration of Human Rights, Portugal offered to accept a number of innocent prisoners who have been locked up without trial. And, at the same time, Lisbon called upon other E.U. countries to do the same. A deep silence then descended upon the European capitals.

But Amnesty International and Human Rights Watch reacted enthusiastically to the news from Lisbon. And Washington spoke hopefully of a breakthrough. Because, although the Bush administration initially maintained that only the “worst of the worst” terrorists were kept at Guantanamo, it has been trying in vain for years to place the non-dangerous prisoners, who cannot return home, elsewhere.

Washington has submitted such a request to 70 countries. So far, only Albania has accepted five Uyghurs from Guantanamo–Muslims from north-west China who had fled to Afghanistan before 2001, because Peking considers them to be dangerous separatists. According to the latest reports, they lead a poor and bleak existence in a reception camp just outside of Tirana.

Of course, European governments can continue to say: America caused the problem, let America solve it, too. Because it is true: the responsibility for this great stain on America’s banner lies with Washington.

But there is every indication that Obama is aware of this and wants to find a quick solution. Thus, today, it was announced that Secretary of Defense Gates, who is staying on in the new administration, has called for the drafting of plans for the closure of the camp.

This concerns not only the 50 to 60 innocent prisoners who can not be repatriated. There is also a group of around one hundred Yemenis who probably will soon be returned to their own country, to a rehabilitation program for Jihadists. And then there are the nearly one hundred men who the U.S. does suspect of terrorist involvement, and whom the U.S. wants to try in another way.

The Netherlands and other European countries may wait for Obama to take the first step, for Washington itself to take in a number of the detainees, or for Washington to make firm commitments on the definitive closure of the camp. The problem has to be resolved with the Americans, stressed Van Baalen.

But if it really matters that much to us, that Guantanamo is rapidly closed, then there is much to be said for each country, or for the E.U. as a body, to make a gesture.

Not because we have a legal obligation to do so, but because there are strong political and moral arguments in favor of it.

It would be a signal that the restoration of respect for America, and the country’s return to the letter and spirit of International Law is something that we value. This is especially true for a country like the Netherlands that feels so strongly about International Law and Human Rights.

It will not be easy to return people to a society — people who have been held prisoners for years, while innocent, under such appalling conditions. But if they are given the opportunity to request refugee status here, they will finally have the prospect for a new future, in a country that – more than, for example, Albania – has experience in the reception, counseling and treatment of refugees who have suffered serious psychological trauma.

Once the Obama administration is in place, it is likely that Washington will quickly come to the European allies with a request for help with receiving Guantanamo prisoners. Then refusing this will be difficult. By letting it be known in advance that the innocent prisoners, as well as Washington, can count on us, we not only help the detainees and Obama, but also ourselves.