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.
Ethnic Profiling by the Marechaussee
During border controls, marechaussees selected individuals based on their appearance, skin color, or origin (ethnicity). Additionally, the Royal Marechaussee utilized risk profiles that included ethnicity, such as men who walk quickly, are well-dressed, and appear “non-Dutch.” This form of discrimination is in violation of human rights and Dutch law and is therefore prohibited.
Ethnic profiling has a negative impact. It harms the individuals affected, contributes to the stigmatization of ethnic minorities, undermines trust in the government, and proves ineffective in combating crime.
The collaborating organizations and citizens have repeatedly highlighted the harmful effects of ethnic profiling to the government. International human rights bodies have also urged the Netherlands for years to fulfill its duty to protect citizens against discrimination and prevent ethnic profiling. Despite all this, there were no significant improvements.
Legal Action to Stop Discrimination
Despite criticism and recommendations, the government insisted that ethnicity, in combination with other characteristics, may be part of general risk profiles and can be used in selection decisions. This allowed the Royal Marechaussee to discriminate against citizens, with the knowledge of the Second Chamber (Tweede Kamer), which did not intervene. Hence, the coalition felt compelled to take the matter to court.
The coalition initiated a civil procedure against the state, arguing that the Royal Marechaussee should not use ethnicity in selection decisions and the creation of risk profiles. Legally speaking, developing and using risk profiles that include ethnicity for border controls violate the prohibition of discrimination.
As plaintiffs in this case, the following entities acted:
Acting as plaintiffs in this case are:
- Amnesty International
- Control Alt Delete
- Anti-discrimination agency RADAR
- Dutch Lawyers Committee for Human Rights
- Two “non-white” citizens repeatedly ethnically profiled by the Royal Military Police.
The coalition is represented by lawyers from PILP and Houthoff.
Appeal Court Ruling
Following an unfavorable ruling by the lower court, the Court of Appeal in The Hague ruled on February 14, 2023, that the current practices of the KMar constitute a form of racial discrimination and prohibited them. This was a groundbreaking decision. The Dutch State decided not to appeal to the Supreme Court against the Court of Appeal’s ruling on ethnic profiling by the Royal Marechaussee. The State accepts the ruling of the Court of Appeal, making it final.
Report Discrimination by the Marechaussee
If you believe you were subjected to a check or discriminatory treatment by a Royal Marechaussee officer based on your origin or skin color, share your experiences with an anti-discrimination bureau. Complaint handlers are available to listen and provide support throughout the complaint procedure.
