V.
Strengthen statistical data on statelessness in the country, including in relation to stateless
children born in the Netherlands, stateless persons in detention and stateless migrants,
asylum seekers and refugees.
VI.
Build the capacity of relevant administrative and judicial bodies to proactively identify and
address situations of statelessness, including among cases of ‘unknown nationality’, and
ensure that persons recorded as having ‘unknown nationality’ – in particular children born in
the Netherlands - do not remain in this category indefinitely.
VII.
Determination of statelessness in a dedicated procedure should unequivocally rule out
detention, as it precludes the view to expulsion. Alternatives to detention may be employed
to effectuate return to a country of former habitual residence, as long as this is not in violation
of the principle of non refoulement and (at least) permanent residence status is on offer there.
VIII.
Build the capacity of relevant administrative and judicial bodies to identify statelessness and
the risk of statelessness as part of the decision to remove and detain, and on an ongoing basis.
Previous failed efforts to deport should be considered more strongly in any decision to redetain, both by the Aliens’ Police assistant public prosecutor, and by courts – also beyond the
12-month period that most courts appear to apply.
IX.
Ensure that detention is always used as a last resort, after all alternatives (starting with the
least restrictive) are exhausted. Examine the prospect of deportation more thoroughly and at
an earlier stage before a decision to detain is made. If detention is deemed to be necessary,
the initial decision to detain should motivate explicitly why an alternative is not being applied.
X.
Efforts at re-documentation should be subject to limitations, both in terms of time and the
number of embassy presentations. After repeated rejections or prolonged non-response,
statelessness should be assumed – and all corresponding rights offered. People must not end
up as victims of a State’s reluctance to facilitate return.
XI.
Fulfil the Netherlands’ obligations under the 1954 Convention to facilitate naturalisation of
stateless persons by waiving or providing appropriate alternatives to the requirement of
establishing identity through a birth certificate where a person has been recognised as
stateless.
XII.
Ensure that refugee status determination procedures take into consideration the issue of
statelessness, where relevant and appropriate, to allow statelessness to be assessed as a
factor when determining a well-founded fear of persecution.
XIII.
Determine the statelessness of failed asylum seekers who may be stateless or at risk of
statelessness, and accordingly grant them legal status, protection and access to rights.