Update
The Hague Court of Appeal decided that the Royal Netherlands Military Constabulary (Koninklijke Marechaussee) is no longer allowed to use ethnic profiling at the border. This judgment reversed the District Court’s decision of 22 September 2021, which did allow ethnic profiling.
Thijs van Aerde, lead counsel in this pro bono case: “This is a historic and landmark decision, in which the Court of Appeal rightly decided that selecting people based on, for example, the colour of their skin, constitutes prohibited discrimination.”
Rechtspraak.nl | Koninklijke Marechaussee mag bij controles op verblijfstatus geen gebruik maken van ras als selectiekenmerk (in Dutch only)
8 December 2022
Today was the appeal in the court case against ethnic profiling by the Royal Constabulary (KMar). Thijs van Aerde: “The case is before the court very clearly: may the KMar treat people differently depending on their ethnicity? According to the coalition, the answer to that question is: of course not.”
Three striking moments during the hearing:
- KMar wants to continue using ethnicity
- Control of nationality leads to control of ethnicity
- Powerful statements from concerned citizens
19 november 2021
The Royal Netherlands Military Constabulary (Koninklijke Marechaussee) wants to stop ethnic profiling at the border, which is a major step for the Netherlands. This was announced in a memorandum published prior to a roundtable discussion on 24 November in the Dutch House of Representatives.
22 September 2021
The Royal Netherlands Military Constabulary (Koninklijke Marechaussee) may continue with their practice of carrying out border checks partly based on ethnicity. Houthoff is giving pro bono assistance to a coalition of public organisations that aim, through the courts, to force the State to cease this policy that leads to discrimination.
Thijs van Aerde: “This judgment is in nobody’s interest. The fight to bring an end to ethnic profiling will continue.”
Read the court’s decision. Only available in Dutch.
10 June 2021
On 15 June, the District Court of The Hague will consider the issue of ethnic profiling by the Royal Netherlands Marechaussee (Koninklijke Marechaussee, the police corps of the Dutch military). The State of the Netherlands is being sued by a coalition of private citizens and social organisations. According to current policy, members of the Marechaussee are allowed to look at ethnicity when conducting border controls. As this constitutes discrimination, the coalition has applied to the court to end these practices.
Houthoff is representing two individuals and anti-discrimination organisation RADAR on a pro bono basis in proceedings against the Marechaussee. Allied with Houthoff in these proceedings are the Public Interest Litigation Project of the Dutch Section of the International Commission of Jurists (PILP-NJCM), the Dutch branch of Amnesty International, Controle Alt Delete and anti-discrimination organisation RADAR.
“Houthoff operates at the heart of society, which should be built on equality,” Thijs van Aerde explains. “We are proud to be helping with this fundamental and important case.”