The Marechaussee may continue to select travelers at the border for checks on the basis of their ethnicity. The judge in The Hague has judged that there is no discrimination.
This concerns the MTV checks (Mobile Security Surveillance), which are used to check air passengers, train passengers and road users from countries within the European Union. Border checks may not be carried out within the EU, but checks to prevent illegal residence in the Netherlands are permitted.
The judge acknowledged that there is no single definition of ethnicity, but said in her ruling that it comes down to “unchangeable physical characteristics, especially skin color or race”. Those characteristics can give rise to checking someone.
As long as that is not the only reason for checking, but there are also other so-called risk indicators, their use is allowed, the judge ruled. “The mere fact that ethnicity plays a role in the context of MTV is not by definition discriminatory and can therefore not constitute grounds for a general ban.”
“Being able to establish nationality is of major importance for the effectiveness of the MTV, because it can determine a person’s residence status,” the judge said. “Ethnic appearance is not necessary, but can be an objective indication of someone’s origin or nationality.”
Picked out of line
The case was brought by Amnesty International and other human rights organizations. Two citizens also participated, including former municipal councilor in Eindhoven Mpanzu Bamenga. He was picked out of line at Eindhoven Airport in 2018 because he would meet the risk profile of a Nigerian money smuggler who was wanted. Bamenga is a Dutchman with a Congolese background.
Bamenga previously told about his negative experience with the military police:
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