The dark side of ‘Zwarte Piet’: A misunderstood tradition or racism in disguise? A legal analysis

© 2016 Informa UK Limited, trading as Taylor & Francis Group. There is a passionate debate going on in the Netherlands and Flanders on the figure of Zwarte Piet (Black Pete). Zwarte Piet is a character that is part of the tradition of ‘Sinterklaas’1: Piet is the black valet of Sinterklaas. Because of the stereotyped depiction of Sinterklaas’ companion (black face, thick rouged lips, curly hair, golden earrings, pageboy dress) it is argued that Zwarte Piet is a form of racism. Activists advocate, therefore, that Zwarte Piet be abolished or that he lose at least his characteristic features, associated with colonialism and slavery. In this article I will argue that understanding the Sinterklaas tradition is very complicated. There is no consensus on the appearance and the origins of Zwarte Piet, the tradition has changed over time and there seems to be (minor) geographical differences between the various European regions (in this article, the focus is on the Netherlands and Flanders). As a consequence, multiple readings and interpretations of the Zwarte Piet figure are possible. Both the opponents of Zwarte Piet and his defenders have good arguments to back their interpretation of the tradition. Under these circumstances, it is not for the law to decide which interpretation should prevail: in dubio, pro libertate. A solution can only be found through societal debate.peerreview_statement: The publishing and review policy for this title is described in its Aims & Scope. aims_and_scope_url: http://www.tandfonline.com/action/journalInformation?show=aimsScope&journalCode=fjhr20status: publishe