Open Society Justice Initiative Finds Racial Discrimination in Dutch Database

AMSTERDAM—The Open Society Justice Initiative this week urged the Dutch government to end its discriminatory gathering and processing of sensitive racial and ethnic data.

The government-compiled database, known as the "Reference Index of Antilleans," violates both European and international legal norms, according to the Justice Initiative. The index, which gathers and maintains data on the basis of individuals' membership in an ethnic group, infringes the right to be free from racial and ethnic discrimination and the right to privacy, according to a legal submission by the Justice Initiative in a case challenging the reference index. The case is being heard by the Dutch Council of State.

"This is an important opportunity for the highest administrative court in the Netherlands to put a stop to this discriminatory practice, which exclusively targets Antillean and Aruban youth," said Robert O. Varenik, acting executive director of the Justice Initiative. "The use of this type of database is a clear violation of the European Convention on Human Rights and basic norms of international human rights law."

In late 2005, the Dutch government introduced the database to identify Antillean and Aruban youths deemed at-risk of committing crimes or experiencing various social problems. Individuals registered in the database are placed under enhanced scrutiny, including personal surveillance and other preventive law enforcement interventions. In July 2007, The Hague Regional Court ruled that the database "is not an appropriate method to reach the intended purpose." But the Dutch government, together with 21 municipalities that intend to use the database, appealed the decision to the Council of State.

The Justice Initiative's brief argues that the use of ethnic or racial data linked to a risk profile is a form of unlawful ethnic profiling amounting to racial discrimination.

"This form of discrimination has a stigmatizing effect on the Antillean community at large, and adversely affects far more people than those subjected to registration in the database," said Varenik.