6. This submission focuses on children’s right to a nationality, identification of stateless persons,
detention of stateless persons and those at risk of statelessness and protection of stateless refugees
in the Netherlands. It draws on experience with research, advocacy, litigation, awareness raising and
direct support by the co-submitting organisations and their partners, performed both in the
Netherlands and internationally. Among other resources, it draws extensively on an ASKV and ENS
report and related publications entitled “Protecting Stateless Persons from Arbitrary Detention in the
Netherlands”.5
The Universal Periodic Review of the Netherlands under the First and Second
Cycle (2008, 2012)
7. The Netherlands were first subjected to the UPR on 15 April 2008, at Session 1 of the First Cycle, and
subsequently on 31 May 2012, at Session 13 of the Second Cycle of the UPR. Despite various ongoing
concerns regarding the right to a nationality and the human rights of stateless persons in the
Netherlands, it did not receive recommendations that directly related to statelessness or the right to
a nationality in either of these sessions. Various recommendations were however made during the
Netherlands’ second review, including on the topics of addressing arbitrary detention, implementing
alternatives for detention of undocumented immigrants and ratifying the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families. These
recommendations and the response of the Netherlands are set out below:
Recommendation
98.112. “Due to the criminalization of irregular
residency in the country, design alternatives for the
detention of irregular or undocumented immigrants”
– by Brazil
98.108. “Introduce measures to reduce detention of
individuals solely for immigration purposes and
consider other alternatives than detention to use
when possible” – by Sweden
98.2. “Consider ratifying the ICRMW” – by Mexico
Response
This recommendation was ‘noted’ by the
Netherlands.
This recommendation was ‘accepted’ by the
Netherlands
This recommendation was ‘rejected’ by the
Netherlands
The international obligations of the Netherlands
8. The Netherlands has ratified nearly all core international and regional human rights treaties. Stateless
persons benefit from the general application of international human rights standards found in these
core treaties, including non-discrimination, adequate standard of living and equality before the law.6
5
To access the report and related documents, visit http://www.statelessness.eu/resources/protecting-statelesspersons-arbitrary-detention-netherlands.
6
There are a few exceptions under international human rights in which stateless persons are restricted, such as in
the right to vote or to be elected to political office.