3.3.3 Concluding remarks
73. Based on the statistical evidence presented above, it is difficult to estimate the total
number of stateless persons living in the Netherlands. To do so would be to deny the
significant inaccuracies in the available quantitative data. The current statistics only contain
those stateless persons and persons of unknown nationality who have been registered
by their municipalities. No statistical material is available on the number of illegal and
unregistered stateless persons; they remain completely invisible. Recalling that in 2009
an estimated total of 97,000 illegal aliens lived in the Netherlands, the number of stateless
persons among them could be substantial. Furthermore, people who have erroneously or
unilaterally been attributed a nationality do not show up in statelessness-related statistics
even though they may be stateless. The story of the boy born in the Netherlands to a Sri
Lankan mother recounted just after paragraph 122 below is an example of this.
74. Coming up with a total tally of the number of stateless persons in the country is further
complicated by the lack of clear and consistent registration guidance and practice. For
instance, some 37 per cent of registered stateless persons are in all likelihood Moluccans
with quasi Dutch citizenship. Children of parents born in Portugal make up another 9
per cent of all officially stateless persons in the Netherlands, but they can in principle
acquire Portuguese citizenship whenever they so desire. Moreover, as the GBA is not
automatically updated when they do acquire Portuguese nationality, many of these
individuals may no longer be stateless. Another 3 per cent of registered stateless persons
are of Cape Verdean origin, to whom the same reasoning applies. All in all, this leaves us
with less than a thousand registered stateless persons (around half of the original total)
who are likely to be stateless. Although this is a relatively small figure, it is important to
realize that a clear majority of these persons are still children and that most have been
born in the Netherlands. Many do not hold a residence permit. A specific inquiry into this
group in particular seems warranted, as at present it appears as if, among other legal
instruments, the 1961 Convention and the Convention on the Rights of the Child are not
respected in all cases.
75. Finally, employing the available statistical material, it is impossible to gauge exactly how
many persons are stateless within the category “nationality unknown”. What we do know
is that children are manifestly present among this group. Moreover, taking the heavy
burden of proof upon the applicant to be registered as a stateless person into account,
combined with the fact that stateless persons are often inherently unable to meet these
stringent documentary requirements, it is probable that a considerable number of stateless
individuals are hidden within the label “nationality unknown”. The group of persons whose
nationality is unknown and who do not hold a residence permit either (comprising 10,493
individuals) may be at particular risk of statelessness, or at least unreturnability.
in the Netherlands
33