THE HAGUE - Paying attention to ethnicity and skin color does not conflict with the prohibition of discrimination. The Royal Netherlands Marechaussee is therefore not guilty of ethnic profiling when checking people who enter the country. The court in The Hague made that decision on Wednesday.
The Marechaussee carries out checks to prevent illegal residence. It is therefore important to be able to determine someone's residence status, identity and nationality. According to the judge, ethnicity can play a role in the decision to check someone. The Marechaussee therefore does not have to change the controls says the court.
But ethnicity can never be the sole reason to control someone, and the decision to do so should always be explainable, the court added.
The lawsuit was brought by a number of Dutch people and social organizations such as Amnesty International and RADAR. They say that the Marechaussee does engage in ethnic profiling. People with dark skin are more likely to be picked from the queue than others, they say. The complainants say this is discrimination and demand that it stops.
"This ruling is a huge missed opportunity for the Netherlands. The door to discrimination is wide open. That is harmful, for everyone in the Netherlands, but also for the military police. Very sour", responds Jelle Klaas, the lawyer of the complainants. He says the plaintiffs are likely to appeal.
One of the complainants is Mpanzu Bamenga, councilor for D66 in Eindhoven. He was pulled from the crowd in 2018 in the arrival hall of Eindhoven Airport. A humiliating experience that he has experienced before, he says.