3.2 The registration of stateless persons
35. In theory, all inhabitants of the Netherlands are registered in the “municipal basic
administration” (GBA).45 Aliens who lawfully reside in the Netherlands on the basis of
Article 8 of the Aliens Act 2000 and who are likely to remain in the Netherlands for at least
six months are registered in the GBA as well. Registration can take place at the initiative of
the person to be registered, or by order of the municipal authorities, if and when the latter
obtain knowledge about the arrival or presence (or absence or departure) of persons in
their municipalities. Asylum-seekers living in a reception centre are registered after having
stayed there for at least six months. Children born to asylum-seekers living in a reception
centre are registered immediately upon birth.46 Decentralized registration data from all
Dutch municipalities are collected and aggregated at the national level by the Central
Bureau for Statistics.
36. According to Article 43 of the Act GBA, the nationality status of all legal residents
is included in the registration. The article specifies that such data is to be based on
documents issued by a person or institution that is competent to determine citizenship
in the jurisdiction concerned, or that can issue a document testifying to the person’s
citizenship. The GBA operational guideline states that neither a declaration under oath
by the person concerned, nor an IND document mentioning an individual’s nationality are
sufficient evidence.47 Whenever citizenship cannot be readily determined, two options
remain: an individual can in theory either be registered as being of unknown nationality,
or as stateless.
37. With regard to statelessness, it is not specified in the guideline precisely how this
determination is to be conducted, nor does the word “stateless” appear in the Act GBA.
The guideline also remarks that statelessness “rarely ever occurs”.48 When it does,
however, only those stateless persons able to accurately document their statelessness
are registered in this way. It is unclear which law or regulation stipulates that the burden of
proof borne by potentially stateless persons should be this high, but it is “common practice”
44
erard-René de Groot and Maarten Vink, “Netherlands: Revision of the Nationality Act”, 12 July
G
2010, available at: http://eudo-citizenship.eu/citizenship-news/348-revision-of-the-netherlandsnationality-act-. The mother still had to possess Dutch citizenship at the moment of the birth of
the child involved. For children born within wedlock, this raised a difficulty as until 1 March 1964
Dutch women in principle lost their Dutch citizenship by marriage to a foreigner. If the Dutch mother
married before that date, she only kept her Dutch citizenship if she did not acquire the citizenship
of her husband or could not acquire this nationality easily. Access to Dutch citizenship to the
(grand)children of women married to a foreigner before 1 March 1964 therefore depended on how
discriminatory the citizenship rules were in the country of the husband.
45
Act on the Municipal Basic Administration (Wet Gemeentelijke Basisadministratie (9 June 1994)).
Staatsblad 1994, 494. Article 34 Act GBA states that the nationality of a person is recorded by the
municipality where the person is registered.
46
Besluit Gemeentelijke Basisadministratie (8 September 1994), Article 55.
47
gentschap Basisadministratie Persoonsgegevens en Reisdocumenten, “Handleiding
A
uitvoeringsprocedures”, (2010), 49. See also P.H. Oostendorp, “Staatloosheid, onbekende
nationaliteit en de GBA”, in Trends in het nationaliteitsrecht, ed. H.U. Jessurun d’Oliveira
(‘s-Gravenhage: Sdu, 1998), 128.
48
gentschap Basisadministratie Persoonsgegevens en Reisdocumenten, “Handleiding
A
uitvoeringsprocedures”, 75.
in the Netherlands
17