Ethnic profiling

Ethnic profiling

What is ethnic profiling?

Ethnic profiling involves the police checking people (in part) on the basis of their ethnicity without objective justification. Ethnic profiling leads to an impermissible form of discrimination and thus violates international human rights treaties. Moreover, ethnic profiling also damages trust in the police and is ineffective in fighting crime.

In an earlier report, Amnesty International Netherlands highlighted the problems surrounding ethnic profiling in proactive police checks. With this report, the organization has identified pain points for which solutions must be found. The consequences of ethnic profiling are experienced more often by young men from different ethnic minority groups, as has been shown by the report of the Sociaal Cultureel Planbureau. This leads to a negative perception of ethnic minorities and affects the legitimacy of the Dutch police. On the one hand, many citizens do not really know what their rights and duties are, while the police have very broad powers to check them on the street, even when they are not suspicious. On the other hand, this broad power also poses a problem for the police. For when does discrimination occur? How can the police stop, check and search people while guaranteeing the protection of everyone’s human rights?

What does PILP do?

PILP wants to provide insight into the problem of ethnic profiling by the police in the Netherlands as well as come up with solutions. The main goal of this file is to force more clarity on the scope of police and judicial powers regarding identity and traffic checks and preventive searches through legal procedures.

PILP wrote a guide on strategic litigation as a method to combat ethnic profiling in the European Union.

PILP filed a complaint about ethnic profiling by the Royal Military Police (KMar) on behalf of Mpanzu Bamenga, to expose and try to stop ethnic profiling by the KMar. A complaint procedure can bring more awareness to the KMar and is important for statistics regarding ethnic profiling

In addition, PILP launched a civil suit regarding ethnic profiling by the Dutch Royal Military Police (KMar) on behalf of two independent citizens, Amnesty International Netherlands, Control Alt Delete, anti-discrimination agency RADAR and the Dutch section of the International Commission of Jurists (NJCM). This case was eventually won in appeal. Read more about this case here.

Gerelateerde rechtszaken

Ethnic profiling – Royal Military Police

A coalition of civil organizations and citizens has summoned the Royal Marechaussee (KMar) to put an end to discriminatory border controls. On February 14, 2023, the Court of Appeal ruled that the KMar’s practices constitute a form of racial discrimination and prohibited them. Lawyers from PILP and Houthoff represented the coalition.

Dossier

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Met de tag: Ethnic profiling – Royal Military Police
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February 13, 2024 Ethnic profiling

Ethnic profiling: the current situation in 2024

In February 2024, our clients sent a letter to the cabinet urging them to formally declare in writing that ethnic profiling is prohibited and to enforce this ban across all government organizations. This call comes a year after the Court of Appeal in The Hague affirmed that ethnic profiling constitutes discrimination and is therefore illegal. […]

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February 16, 2023 Ethnic profiling

State Police ruling final: Cabinet, take effective action now against ethnic profiling

The Dutch State will not appeal the decision of the Court of Appeal of The Hague on ethnic profiling by the Royal Netherlands Marechaussee (KMar). The State is resigning itself to the court’s ruling, making it final. This is an important step in the fight against racism and discrimination. The lawsuit was filed by a […]

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February 15, 2023 Ethnic profiling

Court prohibits ethnic profiling

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 […]

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