May 16, 2023 at 1:46 PMUpdate: 9 minutes ago
The Royal Netherlands Marechaussee is no longer allowed to check people on the basis of external characteristics. The cabinet will not go to the Supreme Court about a ruling by the Court of Appeal in The Hague, making the ban final.
In February, the Court of Appeal in The Hague ruled that the Marechaussee discriminated against people by checking them on the basis of their appearance, such as their skin colour. The Marechaussee thus made a distinction based on race.
The cabinet had until Monday to request a judgment from the Supreme Court. That is the highest court in the country.
A spokesman for the Supreme Court informed NU.nl on Tuesday that the council had not received a cassation request regarding inspections by the Marechaussee.
You can appeal against a court decision at the Supreme Court. The Supreme Court then checks whether everything has been done correctly legally. If that is not the case, the council can decide that the case has to be repeated.
Cabinet contradicts discrimination based on race
In a letter to the House of Representatives, the government says it sees “no real possibility” to appeal in cassation against the Court of Appeal’s judgment that there was no good reason for the Marechaussee to treat people unequally.
However, Minister Hanke Bruins Slot (Internal Affairs and Kingdom Relations) and State Secretary Eric van der Burg (Justice and Security) state that “there are legal questions” about the judgment of the court. According to the cabinet, there would have been no discrimination mainly on the basis of race.
‘Always going into cassation without a chance is only irritating’
Professor of Constitutional and Administrative Law Wim Voermans does not know whether it would have made sense for the State to take this case to the Supreme Court. “The previous judgment of the Court of Appeal in The Hague was very clear and also extensively motivated,” he says.
According to Voermans, the State does not always go to the highest court in the country. The government looks at whether it makes sense on a case-by-case basis. “Always going into cassation without a chance only irritates.”
Afran Groenewoud is a reporter on society and inclusion
Afran writes about inequality in society and colonial history. Read more stories from Afran here.
Interest groups also want a ban for other government agencies
Human rights lawyer Mpanzu Bamenga was stopped at Eindhoven Airport in April 2018 by the Marechaussee. Bamenga noticed that he only checked people with a dark skin color.
That is why the human rights lawyer and others started a lawsuit against the State. “This is a historic moment,” he says in response to the non-submission of the cassation request. “This form of control was humiliating. Let the Netherlands set a good example in Europe from now on.”
Interest groups are satisfied with the unsubmitted request for cassation, but are also looking ahead. “This is an important step in the fight against racism and discrimination,” said Amnesty International, Control Alt Delete and anti-discrimination agency RADAR.
At the same time, the government must now quickly ensure that other government organizations no longer allow ethnicity to play a role, the interest groups believe.
The Marechaussee had to stop ethnic profiling immediately after the verdict
After the court’s verdict, State Secretary Eric van der Burg (Asylum) ordered the Marechaussee to immediately stop ethnic profiling at border controls.
“The judge has made a clear statement,” Van der Burg said to the House of Representatives a day after the verdict. He said at the time that he did not yet know whether the cabinet would continue to litigate at the Supreme Court.
The Marechaussee has followed Van der Burg’s instructions, but has no longer engaged in ethnic profiling since 2021, says a spokesperson. “As far as we are concerned, it is great that the ban is now final.”
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The state prevailed in the lower court
In September 2021, a lower court allowed the Royal Netherlands Marechaussee to check travelers at the border on the basis of external characteristics. In November of that year, the Marechaussee said it stopped the so-called MTV checks (Mobile Security Supervision).
But for Amnesty International, RADAR and Control Alt Delete, among others, the Marechaussee’s promise was not enough. They saw the judgment of the lower court as a license for discrimination and appealed to the Court of Appeal. The interest groups were right there.
According to the organizations, the verdict sent an important signal to other parts of the government. “Finally, the court makes short work of the image that the typical Dutch person is white,” said spokesman Dionne Abdoelhafiezkhan on behalf of the interest groups.
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