- This morning, the Netherlands Court of Appeal handed down a historic ruling in the case of two citizens, in a case brought by Amnesty International, Control Alt Delete, RADAR and NJCM-PILP against the use of ethnic profiling by the police of Dutch borders (Royal Marechaussee).
The Court has ruled that the current practice constitutes a form of racial discrimination and has prohibited it. has also resolved that border police must change their practices immediatelyregardless of whether the State appeals against the sentence.
The case concerned the question of whether the border police can select people to stop and check their status at the border (partly) because of their race. The coalition that brought the case claimed that the use of race in selection decisions is a form of racial discrimination.
Especially serious form of discrimination
The Court of Appeal has held that the border police discriminate on the basis of race in their daily practice of selecting people to verify their status, and has concluded that this is a particularly serious form of discrimination. The Court has recognized that ethnic profiling makes people feel that they are not accepted in society and that they are treated as second-class citizens.
“I feel that my conviction that racism has no place in our society has been reinforced. This is a great victory, not only for me and for people of color, but for all the people who, for years, have fought against racism and ethnic profiling and for equal treatment,” he said. Mpanzu Bamenga, one of the plaintiffs.
Stigmatization and negative impact
The Court of Appeal has underlined that the methods of the border police cause stigma and feelings of pain and frustration among people who are selected for border checks, including the two citizens who contributed to the filing of this lawsuit. The Court has also underlined the negative impact that ethnic profiling has on society.
“The court has clarified that a person’s appearance and color do not indicate their nationality. This is a major correction to a previous lower court ruling that shocked many people of color and made them feel like second-class citizens,” said Dionne Abdoelhafiezkhan of anti-racism organization Control Alt Delete.
And now that?
This is a historic ruling. This is an important step in eliminating ethnic profiling by the Royal Marechaussee, the police and other law enforcement agencies.
“The coalition that filed this lawsuit has been fighting ethnic profiling for years. This victory shows that if we come together, we can do it,” said Dagmar Oudshoorn, Director of Amnesty International Netherlands.
“It inspires us to continue the collective effort to eliminate racism and discrimination in law enforcement.”