Bank Discrimination – complaint procedures NIHR

Bank Discrimination – complaint procedures NIHR

Linking Muslims and people with “foreign sounding names” to terrorism without any objective reason contributes to prejudice and sustains a recurring stigma. Being questioned in the context of the WWFT merely due to the mention of a name as common as ‘Mohamed’ is stigmatising.

Three individual clients of ING Bank who have experienced unwarranted allegations of terrorism related financial traffic on solely on the basis a connection to a “foreign sounding name”, have filed complaint cases before the Netherlands Institute for Human Rights (College voor de Rechten van de Mens). These clients are supported by officers from Discriminatie.nl and by lawyers from PILP.

It is not disputed that banks are obliged to screen transactions, or that the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and sanctions legislation must be strictly complied with. However, ING has a great deal of freedom in relation to how it performs this task. ING has freely chosen a specific approach, using a specific algorithm and deploying human resources in a specific way. The manner in which ING chooses to perform its verification task is drawing an unjustifiable distinction between people. Selecting people solely on the basis of connection to a name that is somewhat (not even a perfect match) simalar to a name on an international sanctions list is not only stigmatizing, it is also negligent. In other words, this practice is a clear form of discrimination.

The National Institute on Human Rigths (NIHR) ruled on 25 July 2024 that ING discriminated in checks for terrorist financing. The bank wrongfully froze customers’ accounts and asked them extra questions about transactions solely because of their surname or the inclusion of a so-called “non-Dutch-sounding” name in the description. This particularly greatly affected people of non-Dutch origin, it said. The bank also handled customer discrimination complaints negligently.

In a groundbreaking judgment, the NIHR states that in the case of two customers, the ING wrongfully discriminated on the basis of race by selecting them solely on the basis of their last name or mentioning a “non-Dutch” name in the description of a transaction. This is discrimination and therefore prohibited, the NIHR rules. The third case is still pending.

 

 

In een oogopslag

Startdatum:
29 februari 2024
Partners:

Discriminatie.nl - National
Discriminatie.nl - VIZIER Gelderland
Discriminatie.nl - RADAR Noord-Brabant
Individuele klanten van de ING

Huidige status:

On 13 juni 2024 the hearing at the NIHR took place.

On 25 juli 2024 the verdict in two out of three cases is out.

Gerelateerde Documenten

Rechtzaak Bank Discrimination – complaint procedures NIHR

25 juli 2024

Verdict of two out of the three cases

Verdict of two out of the three cases

13 juni 2024

Hearing NIHR

Hearing NIHR

29 februari 2024

Complaints filed

Complaints filed

Tijdlijn

Gerelateerde berichten

Met de tag: Bank Discrimination – complaint procedures NIHR
Human Rights Board verdict
July 25, 2024 Discrimination by banks

Verdict: ING discriminates against customers based on their ethnicity in transaction checks

The National Institute on Human Rigths (NIHR) ruled on 25 July 2024 that ING discriminated in checks for terrorist financing. The bank wrongfully froze customers’ accounts and asked them extra questions about transactions solely because of their surname or the inclusion of a so-called “non-Dutch-sounding” name in the description. This particularly greatly affected people of […]

hearing

Human Rights Board hearing on banking discrimination

Muslims and people with names considered “foreign” by some experience discrimination by banks. This has also been reported by the National Coordinator against Discrimination and Racism. These citizens face anti-terrorism investigations, have to answer extensive questions, cannot open a bank account, or experience their account or transactions being blocked. This also affects individuals who transfer […]

banking discrimination discrimination
April 16, 2024 Discrimination by banks

ARGOS broadcast on bank discrimination case

Muslims and people with names seen as “foreign” are discriminated against by banks, according to the National Coordinator against Discrimination and Racism. In February 2024, PILP and the anti-discrimination organisation Discrimination.nl started proceedings at the Netherlands Institute for Human Rights, for and with three citizens who have been discriminated against by banks. PILP is pursuing […]

1 2
Gerelateerde berichten

Our Dossiers

Our Dossiers

Support our work

PILP is the legal ally of civil society organizations, movements, communities, and activists dedicated to human rights. Your donation enables us to continue providing this service.