Court prohibits ethnic profiling

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February 15, 2023
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This morning the Court of Appeal issued a landmark ruling in the case of two citizens, Amnesty International, Control Alt Delete, RADAR and NJCM against the state over ethnic profiling by the Royal Military Police (KMar). Lawyers from PILP and Houthoff assisted the coalition in these proceedings.

The court ruled that the KMar’s current method of operation is a form of racial discrimination and prohibited it. The court ruled that the Royal Military Police must change its working method immediately, regardless of whether the State appeals this ruling in cassation.

The court case revolved around the question of whether the KMar is allowed to select people for a check in border controls partly because of their ethnicity. According to the coalition, which sued the Royal Military Police, this use of ethnicity in selection decisions and risk profiles leads to discrimination.

Particularly serious form of discrimination

The court held that the KMar discriminates on the basis of race in its daily practice of border controls and concluded that this is a particularly serious form of discrimination. The court recognized that ethnic profiling leads to people feeling unaccepted and second-class citizens.

Mpanzu Bamenga, one of the citizens:

“I feel strengthened in my conviction that racism has no place in our society. This is a great victory not only for myself and people of color but for everyone who has worked for years against racism, ethnic profiling and for equal treatment.”

Stigmatization and negative image

The court ruled that the KMar’s methods lead to stigmatization and feelings of pain and frustration among the people who are selected by the KMar every time, such as the two citizens who co-filed this lawsuit. The court also points to the negative impact on society as a whole.

Dionne Abdoelhafiezkhan, Control Alt Delete:

“The court also makes it clear that one’s appearance and color says nothing about one’s nationality. This is an important correction to the court’s earlier ruling that shocked many people of color and made them feel like we are second-class citizens.”

How to proceed.

This is a historic ruling. It is an important step in the elimination of ethnic profiling by the KMar, police and other law enforcement agencies and of countering discrimination by other authorities.

“The coalition that filed this lawsuit has been fighting ethnic profiling for years. This shows what we can achieve together and motivates us to continue with united efforts to effectively eliminate government discrimination,” said Dagmar Oudshoorn, director of Amnesty International Netherlands.

Read more about the case here.

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