LIT 11 - Leum, Ethnic Profiling

Question 1

What social and political changes in the Netherlands have contributed to a climate where criminals and immigrants are often seen as potentially ‘dangerous’? Leum

Answer 1

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The Netherlands has developed into a culture of control where crime and fear of crime are important spearheads of governmental policy.
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The impact and aftermath of the 9/11 terrorist attacks contributed to a sense of uncertainty and insecurity.
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Lingering apprehensions of the Dutch multicultural society were raised, and issues of immigration and the over-representation of non-western ethnic minorities in registered crime statistics were highlighted.
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The rise in prominence of right-wing political parties and politicians who are critical of multiculturalism, such as Pim Fortuyn.
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An increased negative and often openly xenophobic “us versus them” discourse by politicians and the media.

Question 2

What is ‘actuarial justice’ and how has it impacted the Dutch criminal justice system? Leum

Answer 2

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‘Actuarial justice’ refers to the increasing focus on the early detection and prevention of possible crime threats and risks.
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It has led to the introduction of new and harsher penalties and potentially intrusive investigatory powers aimed at detecting and ‘disarming’ risky and possibly dangerous (groups of) persons as soon as possible.
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This has manifested in the introduction of stop and search powers at the municipal level in 2002 and in 2006 in the context of counterterrorism.

Question 3

What is ethnic profiling and why is it a concern in relation to the expanding preventive powers in the Netherlands? Leum

Answer 3

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Ethnic profiling is the use by law enforcement officials of generalizations based on race, ethnicity, religion, or national origin – rather than individual behavior or objective evidence – as the basis for suspicion in directing discretionary law enforcement actions.
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It is a form of direct discrimination and is therefore against the Dutch Constitution and several international treaties.
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The increased discretionary powers given to law enforcement officials through actuarial justice creates a risk that these powers may be used for ethnic profiling.

Question 4

What is the evidence that ethnic profiling is occurring in the Netherlands? Leum

Answer 4

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25% of Dutch Muslims of Turkish origin interviewed for the 2009 European Union Minorities and Discrimination Survey (EU-MIDIS) reported being stopped by the police at least once in the previous 12 months, and 25% of these individuals believed the stop was based on their ethnicity.
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The corresponding figures for Dutch Muslims of North African origin were 26% and 39%, respectively.
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The Open Society Justice Initiative reported that ethnic profiling is exercised on a large scale within continental Europe, includin
g the Netherlands.
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The European Commission against Racism and Intolerance expressed concerns about the increase of ethnic profiling, particularly in relation to counterterrorism.

Question 5

What are the arguments for and against the use of stop and search powers in the Netherlands? Leum

Answer 5

Arguments For:
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Stop and search powers are necessary to prevent crime and terrorism.
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They allow police to proactively target high-crime areas.
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The randomness of checks ensures that they are not discriminatory.

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Arguments Against:
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Stop and search powers can be used discriminatory and lead to ethnic profiling.
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They can contribute to feelings of stigmatisation and polarisation among minority groups.
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They can damage trust in the police and make it more difficult for them to do their job.

Question 6

What are the challenges of researching ethnic profiling in the Netherlands? Leum

Answer 6

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It is difficult to determine a baseline for ‘normal treatment’ to compare against.
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There is a lack of data on police stops and searches, as the Netherlands does not have stop and search forms like the UK.
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Police are not held accountable for their decisions unless complaints are filed.