Royal Marechaussee taken to court for ethnic profiling

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February 20, 2020
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Wednesday, Feb. 26, 2020, the Dutch state will be subpoenaed for ethnic profiling by the Royal Military Police. The plaintiffs – two individual citizens, Amnesty International, Control Alt Delete, anti-discrimination agency RADAR and PILP – are asking the court to draw a line and end discriminatory border controls. The Royal Military Police is acting in violation of human rights and Dutch law. In recent years, plaintiffs have put this problem on the agenda and called for action against ethnic profiling. With no results. That is why they are going to court today.

Royal Military Police discriminates

During border checks, troopers select people based on their external appearance, skin color, or origin (ethnicity), among other things. This helps determine whether or not someone is removed from the queue. The Royal Military Police also uses general risk profiles that include ethnicity, such as men who walk quickly, are well-dressed and who do not ”look Dutch”. This is ethnic profiling. This is a form of discrimination that violates human rights and Dutch law and is therefore prohibited.

Government fails to protect citizens from discrimination

The Minister of Defense and the Secretary of State for Justice and Security are responsible for border controls by the Royal Military Police. They believe that ethnicity combined with other characteristics may play a role in border controls. In doing so, they allow the Royal Military Police to discriminate against citizens. This is harmful to the citizens it affects, contributes to stigmatization of ethnic minorities, erodes trust in government, and proves ineffective in fighting crime.

Plaintiffs ask court to draw line

Amnesty International, Control Alt Delete, RADAR, PILP and individual citizens have repeatedly alerted the government to the harmful effects of ethnic profiling. International human rights watchers have also for years been reminding the Dutch state of its duty to protect citizens from discrimination and prevent ethnic profiling. The two citizens who are plaintiffs in this case complained to the Royal Military Police and the National Ombudsman, but this did not lead to substantial improvements. With this lawsuit, the plaintiffs are asking the court to draw a line and prohibit the state from using ethnicity in selection decisions and in risk profiles for border controls.

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