ratified by the Netherlands] repeated attempts at expulsion to a country which is not
guaranteed to admit the individual concerned may amount to inhuman or degrading
treatment”.109 If, as happened almost certainly in the case of one of the interviewees, a
bilateral deal is struck to return someone despite his or her statelessness, “[g]uarantees
that the individual will be treated in accordance with international human rights law and,
where nationality is not on offer, the standards set out in the Statelessness Convention
would surely be appropriate”.110
82. The adverse connection between the interviewees’ inability to establish their identity
and the likelihood of detention has already been emphasized. This is particularly true for
the situation after 2004, when a general obligation to carry personal identification was
introduced in the Netherlands. Another consequence of a lack of means of identification
pertains to difficulties in accessing healthcare that should by law be available to all
residents in the Netherlands.111 Various interviewees indicated that they had been either
refused essential care, or that they had postponed important check-ups for fear of being
“discovered”. A majority of respondents struggled with psychological issues, often
related to post-traumatic stress disorder (PTSD) and depression. These mental issues
were either a manifestation of traumatic experiences in the past, or had been caused or
aggravated by the apparent lack of judicial or other means to resolve their situation. Many
interviewees repeatedly expressed the desire to be treated “as a human being”. Those
who were fortunate enough to be assisted by an NGO experienced considerably fewer
problems, as these organizations regularly paid for essential treatment. Nevertheless,
although the Aliens Act 2000 mentions that all aliens should have access to “medically
necessary healthcare”,112 the line between necessary and optional is not clear and appears
to be applied in an unpredictable and ad hoc fashion.
83. Even stateless people, who were still in an (asylum) procedure and were thus lawfully
resident in the Netherlands, experienced trouble establishing their identity themselves.
Several interviewees should in theory have been entitled to a W2 identity document, but
had nonetheless not been provided with this crucial piece of documentation. This was
because, as the former State Secretary of Justice explained in a letter to the National
Ombudsman in 2007, no ID documents were (or are) issued during the procedure of
persons who had claimed to be stateless. The rationale behind this was that “issuing
an aliens’ passport or identity document will remove the incentive to fully commit to
acquiring a passport”.113 If the person in question was later officially found to be stateless
but not granted a residence permit, no aliens’ passport or identity document would be
granted either.114 The National Ombudsman took up the case of one stateless person of
Latvian origin and concluded that the State Secretary ought to reconsider her position,
as the person concerned deserved a means of identification on the basis of Article 27 of
the 1954 Convention.115 This recommendation has so far not resulted in any change in
policy.
36
109
. Mandal, “Discussion Paper no. 4: What Status Should Stateless Persons Have at the
R
National Level?”, Discussion papers series for the establishment of a UNHCR Handbook on the
Determination of Statelessness (2010), 20.
110
Ibid., 25.
111
his inaccessibility of healthcare to stateless persons has previously been reported in the case of
T
Roma individuals. See Dokters van de Wereld, “Stateloos maakt radeloos. De situatie van stateloze
Roma in Nederland 2009”, (2010), section 6.4.
112
Aliens Act 2000, Article 10(2).
113
etter of the State Secretary of Justice to the National Ombudsman, 29 June 2007. Report
L
2007/328.
114
A. Busser and P.R. Rodrigues, “Staatloze Roma in Nederland”, 386.
115
Nationale Ombudsman, report 2007/328.
Mapping statelessness