Court allows ethnic profiling

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September 22, 2021
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This morning, the District Court of The Hague handed down its judgment in the case that PILP, together with Houthoff, filed on behalf of a coalition of civil society organizations and two nonwhite citizens against the Royal Military Police about ethnic profiling during MTV (Mobile Surveillance Security) checks. The court ruled that ethnicity may be part of these checks and that they are not discriminatory. The coalition is very disappointed with the ruling and is appealing it.

Dagmar Oudshoorn, director of Amnesty International Netherlands says of the ruling, “Today’s ruling that the Royal Military Police can continue with ethnic profiling not only throws international human rights out the window, but also violates Article 1 of the Dutch Constitution.

Jelle Klaas, a lawyer at PILP, calls the ruling “incomprehensible”: “We are going to appeal.

Dionne Abdoelhafiezkhan of Control Alt Delete: ‘Today’s ruling is very disappointing. The hurtful practice of ethnic profiling remains a daily reality. Every time non-white Dutch people return home they run the risk of being singled out because of their skin color.’

The lawsuit

During border checks, the State Police selects people based on their appearance, skin color or ethnicity, among other things. This determines whether someone, against whom there is no individual suspicion, is apprehended. The Marechaussee also uses risk profiles that include ethnicity, such as: ‘men who walk quickly, are well dressed and who “look non-Dutch.”‘

So today the Hague court ruled that this practice is allowed. Ethnicity may remain part of risk profiles and selection profiles of the Royal Military Police, even if ethnicity is a decisive criterion for detaining someone.

Implications

Ethnic profiling is harmful because it contributes to the stigmatization of nonwhite citizens. The court has now ruled that it is permissible to single out non-white Dutch citizens during checks because of their skin color because they may be non-Dutch.

Mpanzu Bamenga, one of the individual plaintiffs finds this very painful: ‘Not only for myself and for the coalition, but for all Dutch people. Selecting and detaining people based on their supposed origin denies the diversity of the Netherlands. And that is a great injustice.’

The case was brought by two Dutch citizens, along with Amnesty International, Control Alt Delete, the Dutch Legal Committee for Human Rights (NJCM), and anti-discrimination service RADAR.

Read the full verdict here or read more about this case here.

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