status however determines neither a nationality nor the lack of a nationality and generally does not result in further investigation into the person’s status.36 The existence of this category and the fact that people remain within it for many years, creates uncertainty and all kinds of problems such as the inability of the children of such persons to access naturalisation under the Dutch Nationality Act.37 27. The second, procedural recourse for stateless persons to regularise their residence is the so-called ‘no-fault procedure’38, which grants a one-year renewable regular residence permit to persons who cannot leave the country despite their best efforts. The procedure was met with heavy criticism due to its one-sided and stringent burden of proof; its low approval rate; the absent formal recognition of statelessness and subsequent difficulty in invoking the rights enshrined in the Statelessness Conventions; the provision of considerable subjective discretion to immigration authorities; the requirement that there is no uncertainty about the applicant’s identity and nationality; and finally the fact that an (often futile) asylum procedure has to be completed first.39 28. The Netherlands is obligated to facilitate naturalisation of stateless persons. Under the current legal framework, stateless persons who have not had their statelessness formally recognised due to the lack of a determination procedure do not benefit from the expedited process and are required – like all other persons – to establish at least five years of legal residence in the country and to present a passport as part of the procedure. Those whose statelessness status has been registered under the BRP have access to a facilitated naturalisation procedure open to stateless persons in the country following legal residency of just three years. While they are exempted from the obligation to present a passport, they are however still required to prove their identity through means of a birth certificate.40 Given the lack of documents of many stateless persons and the unwillingness of most States to issue birth certificates for non-citizens, this requirement may still pose an insurmountable and discriminatory barrier to some, undermining the objective of facilitated naturalisation. The detention of stateless persons41 29. The Netherlands may be commended for several positive developments over recent years, including positive planned amendments to its relevant national law and renewed commitment to the application of alternatives to immigration detention. A draft law with several revisions on the use of immigration detention was submitted to parliament on 30 September 2015, though these changes are not yet in effect. Significant revisions include those to Article 59 of the Aliens Act 2000, which currently allows for detention for the purpose of removal in the public interest or national security and stipulates that while detention is only permitted where a real prospect of removal exists, detention is to cease when “the alien indicates he wishes to leave the Netherlands and the opportunity to do so exists”. If the amendments are accepted, detention will only be allowed as a measure of last resort after it has been established that no less intrusive measures can be used. 36 Ibid. Dutch Nationality Act, Articles 6 (1) (b) and 8 (4). 38 Buitenschuldprocedure. 39 For more details, see ENS and ASKV, Protecting Stateless Persons from Arbitrary Detention in the Netherlands, 2015. 40 ACVZ, No Country of One’s Own (The Hague: ACVZ, September 2014) 63. 41 This section of the joint submission is directly attributed to the ENS and ASKV report, Protecting Stateless Persons from Arbitrary Detention in the Netherlands, 2015. 37