Ethnic profiling, time for change!

The Public Interest Litigation Project (PILP) investigates ethnic profiling by the police in the Netherlands. Together with Amnesty International the Netherlands, a partner of PILP, it will search for possibilities to solve the issues associated with ethnic profiling. In the case of ethnic profiling the police checks people (partly) on the basis of their ethnicity without objective justification.

Ethnic profiling results in an impermissible form of discrimination and, thus, constitutes a violation of human rights. Furthermore, it damages people’s confidence in the police and is ineffective for fighting crime.

In the report of Amnesty International the Netherlands, the issues surrounding ethnic profiling through proactive police checks have been examined. With this report, the organization has identified the problem areas that require solutions. The consequences of ethnic profiling are more often experienced by young men of ethnic minorities, as shown by the report of the Netherlands Institute for Social Research (SCP). This leads to a negative perception of ethnic minorities and affects the legitimacy of the Dutch police force. Many civilians are not aware of their rights and duties, while at the same time, the police have broad surveillance powers on the streets – even with regard to people that are not suspects. This broad competence is also problematic for the police. When does conduct of the police lead to discrimination? And, how can the police safeguard everyone’s human rights whilst proceeding to stop, check and carry out body searches on people?

PILP aims to provide an insight in the issue of ethnic profiling and to propose solutions. The main purpose of this case is to compel the Netherlands to provide clarity in the scope of political and judicial competences concerning identity and traffic checks, and preventive searches.

Updates:

• On 20 June 2014 a brainstorm session was held about ethnic profiling. During that session attention has been paid to the problems that arise in that field and how these can be addressed.
• Since half October a student of the University of Utrecht is conducting a comparative legal research regarding ethnic profiling. In that research a closer look will be taken at the Dutch, international and European jurisprudence in the area of ethnic discrimination.
• In the beginning of May the research with regard to ethnic profiling in the Netherlands, England and Wales has been received. Click here for the press release. You can access the research report here: S. Vromen, Ethnic profiling in the Netherlands and England and Wales: Compliance with international and European standards (2015).