New Amnesty International study shows that government's approach to ethnic profiling is inadequate
New Amnesty International study shows that government's approach to ethnic profiling is inadequate
The Dutch cabinet does too little to protect people in the Netherlands against ethnic profiling. Scandals in recent years about discriminatory practices by, among others, the police, the Royal Military Police, the tax authorities and DUO have made it clear that this is a structural and government-wide problem. However, the cabinet has still not taken effective measures to combat ethnic profiling.
This is what Amnesty International concludes in the report 'Ethnic profiling is a government-wide problem — Dutch government must protect citizens against discriminatory controls, which appears today, on the International Day Against Racism and Discrimination. The report describes how the government has taken steps, but that its approach to ethnic profiling is stagnant and does not comply with human rights treaties. The cabinet leaves real risks of ethnic profiling. The government can and must take measures to prevent ethnic profiling. In the report, Amnesty International makes concrete recommendations for this and brings together all examples of government organizations for the first time, clarifying the breadth and diversity of ethnic profiling. “Various government organizations have taken steps to combat ethnic profiling, but these steps are voluntary and insufficient to make a real difference. Citizens in the Netherlands are not effectively protected against government discrimination,” says Gwen van Eijk, researcher at Amnesty International.
Obligation to take action
The government controls citizens even if there are no concrete indications that they are breaking a law or rule. One of the report's recommendations is that the government should treat citizens as individuals (not as a group) and approach them with confidence. Under international law, the Dutch government must respect the right to non-discrimination. The government must not discriminate and must ensure that government legislation and policy do not lead to discrimination. International human rights bodies that monitor human rights treaties have repeatedly made recommendations to the Netherlands to combat ethnic profiling. It is important that the cabinet states that ethnicity, nationality and other ethnicity related characteristics should never play a role in government organizations' decisions to control people in a search for potential norm violators.This became February 2023 still confirmed by the court in The Hague, in a lawsuit filed by Amnesty International with a coalition against the state over ethnic profiling by the Royal Military Police.
Risk profiling and algorithms
Another measure that the government must take is that there are legally established rules for government controls, so that officials and citizens know what is allowed and what is not allowed. Government organizations have very broad powers to control people and are increasingly using risk profiling and algorithms. This opens the door to abuse of power and ethnic profiling. All government organizations must account for how they control citizens and what they do to prevent ethnic profiling. Supervisors such as the Data Protection Authority, the National Ombudsman and the College for Human Rights must have adequate powers and sufficient capacity to investigate and take enforcement action if necessary.
Ethnic profiling is always (un) law
Ethnic profiling is a form of institutional racism and racial discrimination and is a violation of human rights. When citizens are selected for a check or are monitored partly on the basis of their skin color, ethnicity, nationality, religion or other ethnicity related characteristics, this is ethnic profiling. This can also be the case when an apparently neutral way of working particularly affects people with certain ethnic or religious characteristics. Ethnic profiling is seen by people as humiliating and stigmatizing and contributes to a negative image of certain groups of citizens. Discrimination by the government affects citizens' trust in the government. In addition, it has not been proven that ethnic profiling is effective.Amnesty International has been collaborating with Control Alt Delete since the end of 2023 campaign to call on the cabinet to tackle ethnic profiling. More than 33,000 people have already signed the petition. Hundreds of people shared their own experience with ethnic profiling through the card campaign. On March 23, Amnesty International will participate in the national demonstration against racism and discrimination.
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