A/HRC/44/57/Add.2
the police than Muslims in other European countries.35 In a 2014 study by the Netherlands
Institute of Social Research, 33 per cent of Netherlanders of Turkish and Moroccan
origin/descent, 25 per cent of Netherlanders of Surinamese origin/descent and 20 per cent
of people with roots in the Netherlands Caribbean who had made contact with the police in
the previous year reported feeling discriminated against.36 Furthermore, respondents of
North African origin/descent reported experiencing very or fairly disrespectful treatment
during police stops at a rate twice as high as respondents of European origin/descent.37
52.
The Special Rapporteur commends the police for its recent reforms, especially the
introduction of a professional code and a training module to help create fair and effective
policing practices. In January 2016, the police drafted several regional-level policy
documents to improve the registration of discriminatory incidents; improve cooperation
between societal actors, the police and the public prosecution service in tackling
discrimination; and prevent ethnic profiling by the police. In May 2017, the Netherlands
Police also announced new guidelines for proactive stops-and-searches, the goal of which
was to reduce the negative impacts of stops-and-searches and increase trust in the police.38
In accordance with the guidelines, there must be an objective justification for carrying out a
proactive search-and-stop, to avoid action being taken on the basis of skin colour, ethnic
origin or religion. No proactive stops-and-searches should be conducted only because a
person is presumed to belong to a category that is overrepresented in crime statistics or
because a person does not belong to a certain neighbourhood.39 The Government must do
more to ensure that the guidelines are effective in practice.
53.
Unfortunately, the Government does not monitor or collect data to assess the impact
of these new reforms.40 The result is that arrests and fines are registered, but police stopsand-searches that do not lead to arrests or fines remain unregistered. 41 The Special
Rapporteur reiterates the importance of collecting data on police stops-and-searches
disaggregated by ethnicity. Without such data, it is hard to monitor progress and improve
policing practices. Moreover, such data is vital for determining the scale of impermissible
stops-and-searches and for developing effective measures to combat ethnic profiling. In
addition, requiring police officers to articulate the reasons for stopping individuals can help
train them to avoid discrimination and provide evidence to hold those engaging in
discriminatory conduct accountable. The Special Rapporteur believes that such data and a
corresponding analysis should be made public and discussed with local police forces and
communities.
54.
The Special Rapporteur has also learned that the incomplete communication of the
new guidelines to police officers is likely to have hampered reform efforts. According to
one submission received by the Special Rapporteur, not all police officers are informed of
the new guidelines. Research has shown that only 30 per cent of the Amsterdam police
force is aware of the guidelines.42
55.
The Special Rapporteur commends the Netherlands Police on its adoption of a
strategic document entitled “The power of difference”, through which it aims to increase
diversity in the police force.43 She believes that considerable additional action will be
necessary, however, to combat the institutional racism that exists in some police
departments. Institutional racism in the policing context has referred to the collective failure
of a police department to provide equal protection of the law to persons on account of their
35
36
37
38
39
40
41
42
43
See https://fra.europa.eu/sites/default/files/fra_uploads/fra-2017-eu-minorities-survey-muslimsselected-findings_en.pdf.
See www.amnesty.org/download/Documents/EUR3504392019ENGLISH.PDF.
Ibid.
See www.politie.nl/nieuws/2017/december/11/00-handelingskader-helpt-bij-proactievecontroles.html (in Dutch).
Ibid.
See https://www.amnesty.org/download/Documents/EUR3504392019ENGLISH.PDF.
Submission by Controle Alt Delete (October 2019).
Ibid.
See www.politie.nl/binaries/content/assets/politie/algemeen/onderwerpteksten/
algemeen/visie-kracht-van-het-verschil-2.pdf (in Dutch).
11