Article 8 DNA: naturalization
132. Article 8 DNA contributes to the reduction of statelessness and reads as follows:
“1. Only the following applicants shall be eligible for the grant of Netherlands
nationality pursuant to Article 7:
...
c. who has been admitted to and has had his or her principal place of residence
in the Netherlands, the Netherlands Antilles or Aruba for a minimum period of
five years immediately preceding his or her application;
...
4. The period referred to in the first subsection under c shall be three years for an
applicant who has either been living with a Netherlands national in a permanent
relationship other than marriage for a continuous period of at least three years, or
who is stateless (emphasis added).”
133. Stateless persons therefore have facilitated access to Dutch nationality through
naturalization – an obligation for contracting States to the 1954 Convention under Article
32182 – but still have to meet all the requirements laid down in Article 8(1) DNA.183
4.3 Concluding remarks
134. In dealing with statelessness in the Netherlands, it is the identification of cases of
statelessness that is the most problematic area. There is, as we have seen, no explicit
obligation under the 1954 Convention for State parties to put in place a determination
procedure. Nevertheless, without some form of determination mechanism it is difficult
to see how contracting parties can fulfil their obligations under the Convention.184
UNHCR therefore considers the creation of a statelessness determination procedure
to be a practical consequence of ratification of the 1954 Convention. A dedicated
procedure can better identify stateless persons, thereby allowing for more tailored
protection measures, improving (statistical) awareness of the actual scope of the
problem and enhancing States’ ability to fulfil their international obligations under the
1954 Convention. A centralized, designated authority with a degree of specialization in
determining statelessness would also help build up necessary expertise.
135. In the Dutch context, UNHCR supports the institution of a stateless determination
procedure. This could draw inspiration from Article 17 DNA, as suggested by de Groot
and Evers, who also argue that a separate statelessness determination procedure
could be established, which would allow the District Court of The Hague to deliver a
binding judgment as regards a person’s alleged statelessness.185 Under Article 17 DNA,
a person can submit an application to the specialized District Court in The Hague for
an order confirming that he or she possesses or has possessed Dutch nationality. The
182
he current Dutch government expressly refers to this provision in its recent plan of 28 March 2011
T
to amend the DNA. See http://www.internetconsultatie.nl/nationaliteitsrecht/document/300.
183
e Groot has argued that it would have been better to also grant an option right (rather than a right
D
to naturalization) to stateless persons and refugees. See G.-R. de Groot, “Weer verder op weg naar
een vernieuwd Nederlands nationaliteitsrecht”, 213.
184
Ibid., 8.
185
L. Evers and G.-R. de Groot, “Staatloos of van onbekende nationaliteit of nationaliteit in onderzoek?”.
in the Netherlands
53