this issue before the UN Human Rights Committee.16 To date, no legislative amendment to address
this issue has been tabled for debate in Parliament.
Discrimination against stateless persons
9. The Netherlands lacks a statelessness determination and protection procedure. As a result,
statelessness is often not identified and there is a failure to treat stateless persons in accordance
with their specific needs and circumstances. This leads to discrimination in procedures relating to
immigration and international protection status; protection from arbitrary detention; family
reunification; naturalization; access to identity documents; and enjoyment of other basic rights.17
10. A related problem is the lack of adequate data on stateless persons on the territory of the
Netherlands. According to UNHCR global statistics, the Netherlands hosts 1,951 persons under
UNHCR’s statelessness mandate; the national government gives the figure of 4,000 stateless
people and a further 80,000 persons of “unknown nationality”;18 yet the Central Statistics Bureau
puts the figure at 12.869 persons in the Netherlands are registered as stateless (and 42,752
persons are of “unknown nationality”).19 The poor quality and conflicting reporting of data makes
it difficult to monitor treatment and track the extent to which stateless persons experience
discrimination.
11. During its Third Cycle of the Universal Periodic Review, in 2017, the Netherlands received and
accepted a recommendation by Haiti to “Expedite efforts to introduce a statelessness
determination procedure and provide persons recognized as stateless with legal status and access
to basic human rights, in full consultation with key stakeholders”.20 A public consultation on a law
providing for a statelessness determination procedure (SDP) was held in 2016, but the draft was
heavily criticized.21 As of September 2019, no draft Bill has been presented to Parliament.22
Recommendations
12. Based on the foregoing, we urge the SR Racism to raise the following issues during her visit to the
Netherlands:
I.
16
Expediting a comprehensive review of legislative powers allowing dual nationals to be
targeted for deprivation of nationality as a counter-terrorism measure on the basis of its
discriminatory effect and contribution to xenophobic rhetoric against Dutch citizens of
minority or migrant background;
Denny Zhao v. The Netherlands, UN Human Rights Committee, Communication No. 2001/2010 (case filed in 2016, decision pending).
UNHCR, Mapping Statelessness in the Netherlands, November 2011; Advisory Committee on Migration Affairs, No country of one’s own, 2013;
ISI, ENS and ASKV, From Syria to Europe: Experiences of Stateless Kurds and Palestinian Refugees from Syria Seeking Protection in Europe, 2019.
18
https://www.rijksoverheid.nl/onderwerpen/nederlandse-nationaliteit/staatloosheid.
19
https://www.trouw.nl/nieuws/gemeenten-willen-niet-langer-wachten-op-wetgeving-en-gaan-mensen-zonder-paspoort-zelfhelpen~b45cb795b/.
20 Report of the Working Group on the Universal Periodic Review: Netherlands (A/HRC/36/15), July 2017; see also CCPR/C/NLD/CO/5, para. 23.
21 See responses by the Netherlands Institute for Human Rights, international and national NGOs, UNHCR and lawyers groups here:
https://www.internetconsultatie.nl/staatloosheid/reacties.
22
https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/kamerstukken/2019/07/19/antwoorden-kamervragen-over-hetwetsvoorstel-staatloosheid/antwoorden-kamervragen-over-het-wetsvoorstel-staatloosheid.pdf.
17