nationality of 13 persons.5 In two cases, the revocation was reversed following a ruling of the
Council of State because it violated procedural due process standards (namely non-retroactivity).6
In July 2019, the Minister for Security and Justice reported that although an estimated 100 dual
nationals may fall within the scope of article 14(4) DNA and could be subject to revocation of
nationality, evidential issues mean it is unlikely that the Netherlands will proceed to deprivation of
nationality in many more cases.7 Nevertheless, members of the VVD (People’s Party for Freedom
and Democracy) and PVV (Party for Freedom) parties have been pressing the Minister for Security
and Justice to ensure that the public prosecutor will “prioritise deprivation of nationality, rather
than criminal prosecution”, demonstrating their interest in increasing the use of the measure and
linking this to xenophobic rhetoric.8
6. By maintaining a policy of deprivation of nationality that disproportionately effects dual nationals
of “non-Western origin”, for which the necessity has not been demonstrated, the Netherlands risks
perpetuating “stereotypes resulting in discrimination, hostility and stigmatization of certain groups
such as Muslims, foreigners and migrants”.9
Right of every child to a nationality
7. The Netherlands is failing to guarantee the right of every child to acquire a nationality, in
accordance with its obligations under the CRC, ICCPR and 1961 Convention on the Reduction of
Statelessness. Specifically, Article 6(1)(b) of the Dutch Nationality Act discriminates against
children born stateless in the territory based on residence status and only accords children with
lawful residence the right to opt for Dutch nationality.
8. The UN High Commissioner for Refugees (in 2011),10 the Commissioner for Human Rights of the
Council of Europe (in 2014),11 the Netherlands Institute on Human Rights (in 2014),12 the UN
Committee on the Rights of the Child (in 2015),13 and the UN Human Rights Committee (in 2019)14
have all called upon the Netherlands to find solutions for stateless children born in the
Netherlands, notably by rescinding the requirement of lawful stay for their acquisition of Dutch
nationality. A judgment by the District court in Overijssel found Article 6(1)(b) DNA to be in
violation with international law,15 and an individual communication is currently also pending on
5
National Coordinator of Counterterrorism and Security, Report Integrated Approach Terrorism (2019). Available at:
https://www.nctv.nl/binaries/Rapportage%20integrale%20aanpak%20terrorisme_tcm31-385959.pdf (pp. 11).
6 B v State Secretary of Justice and Security [2019] Ruling 201806104/1/V6; Z v State Secretary of Justice and Security [2019] Ruling
201806107/1/V6.
7
https://www.rijksoverheid.nl/documenten/kamerstukken/2019/07/15/tk-uitvoering-motie-laan-geselschap-en-van-toorenburg-over-deintrekken-van-het-nederlanderschap.
8
https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/kamerstukken/2019/06/25/antwoorden-kamervragen-over-het-berichtnederlanderschap-afpakken-van-syrierganger-blijkt-ondanks-wet-lastig/antwoorden-kamervragen-over-het-bericht-nederlanderschapafpakken-van-syrierganger-blijkt-ondanks-wet-lastig.pdf.
9 CCPR/C/NLD/QPR/5, para. 10. See also SR Racism in A/HRC/38/52, para. 56.
10
UNHCR, Mapping Statelessness in the Netherlands, November 2011 https://www.refworld.org/docid/4eef65da2.html.
11
Report
by Nils Muiznieks following his visit to the Netherlands from 20-22 May 2014, CommDH(2014)18,
https://rm.coe.int/16806db830?mc_cid=24df302e1c&mc_eid=52b81a63d2.
12
Status
naturalisatie
van
staatloze
kinderen
zonder
verblijfsrecht,
12
November
2014,
https://www.mensenrechten.nl/en/node/592?mc_cid=24df302e1c&mc_eid=52b81a63d2.
13 CRC/C/NDL/CO/4, para. 33.
14 CCPR/C/NLD/CO/5, para. 23.
15 District Court Zwolle, 09-09-2010, Awb 09/2212.