98. Bearing in mind non-discrimination principles by which the Netherlands is bound, UNHCR
therefore also recommends that the Netherlands withdraw this reservation to the 1954
Convention.
99. The 1961 Convention entered into force in the Netherlands on 11 August 1985. The
Convention does not define statelessness, but it is generally assumed that the definition is
the same as that in the 1954 Convention. Batchelor has stated that the 1961 Convention
focuses not on the development of a right to a nationality, but on how best to avoid
statelessness.142 In other words:
“the 1961 Convention does not require a contracting State unconditionally to grant
nationality to any stateless person but seeks, rather, to balance factors of birth
and descent in an effort to avoid the creation of statelessness by reflecting on an
individual’s genuine and effective existing connection with the State.”143
4.2 Statelessness under Dutch law
100. This section assesses the incorporation of the objectives of the Statelessness Conventions
in Dutch law. Section 4.2.1 investigates the approach towards statelessness in Dutch
aliens’ law, while section 4.2.2 explores the provisions on statelessness in the Dutch
Nationality Act.
101. As of 1 April 2003, Article 1 of the Dutch Nationality Act (DNA) defines a stateless person
as “a person who is not regarded as a national by any State under its legislation”. Before
that, a stateless person was defined as “a person who does not have a nationality or
whose nationality cannot be ascertained”.
102. In the literature remedies for statelessness are sometimes classified into three
categories: pre-emptive remedies, which try to prevent statelessness before it develops;
minimization remedies, which lessen the difficulties associated with statelessness and
serve to protect stateless persons; and naturalizing remedies, which attempt to secure
nationality for those already stateless.144 Pre-emptive and naturalizing remedies can
be found in Articles 6(1)b and 8(4) DNA respectively. The minimization remedies laid
down in the 1954 Convention have not, however, been implemented in Dutch law; the
implementing legislation as found in the official records (Staatsblad) does not indicate
that legislation was amended following the entry into force of the Convention in the
Netherlands.145 Finally, Article 14(6) DNA is a very relevant provision. It does not contain
a remedy for statelessness, but allows for the loss of Dutch nationality acquired by
fraud, even if this loss results in statelessness.
141
Trb. 1967, 124.
142
.A. Batchelor, “Statelessness and the Problem of Resolving Nationality Status”, International
C
Journal of Refugee Law 10, no. 1/2 (1998), 161.
143
Emphasis in original. Ibid., 161-162.
144
.S. Weissbrodt and C. Collins, “The Human Rights of Stateless Persons”, Human Rights Quarterly
D
28, no. 1 (2006), 271.
145
Stb. 1961, nr. 468.
in the Netherlands
43