1. INTRODUCTION
1. The year 2011 marks the 50th anniversary of the 1961 Convention on the Reduction
of Statelessness. In commemoration, UNHCR is encouraging States to strengthen their
resolve to tackle problems related to statelessness. In this light, the purpose of this study
is to provide an overview and analysis of the socio-demographic profile of people who
are stateless in the Netherlands, as well as to examine existing legislation and procedures
governing the recognition of their status and the enjoyment of their rights. The study
sets out the difficulties stateless persons face and suggests possible ways to improve
their position in Dutch society. It is hoped that this study may increase awareness of
statelessness at the national level and promote synergies between influential actors
working for improvements.
2. Statelessness is a phenomenon not confined to the developing world or distant countries;
all across the globe there are people who live or survive without the elementary benefits
of a nationality. The Netherlands is no exception, despite having ratified two Conventions
designed to address this issue: the 1954 Convention relating to the Status of Stateless
Persons entered into force for the Netherlands on 11 July 1962 and the 1961 Convention
on the Reduction of Statelessness on 11 August 1985.1 As a result, a legal framework with
regard to statelessness could be expected to be in place.
3. In order to facilitate reading of the remainder of this study, we will start by briefly outlining
the existing framework. From an immigration and aliens’ law perspective, the most
important legal texts in the Netherlands are the Aliens Act 2000 (Vreemdelingenwet 2000),2
the Aliens Decree (Vreemdelingenbesluit), and the Aliens Act Implementation Guidelines
(Vreemdelingencirculaire). The governmental executive agency is the Immigration
and Naturalization Service (IND). The Return and Departure Service (DT&V), in turn, is
responsible for making aliens leave Dutch territory if they do not have the right to stay
in the Netherlands. Both agencies come under the responsibility of the Ministry of the
Interior and Kingdom Relations. The Netherlands also has a Minister for Immigration and
Asylum Policy, who is technically a minister without portfolio and is part of the Ministry
of the Interior. With regard to nationality law, the Dutch Nationality Act (DNA, Rijkswet op
het Nederlanderschap) governs the acquisition and loss of nationality of the Netherlands.
The Minister of Security and Justice is responsible for its implementation.
4. Two concepts of Dutch aliens’ law feature prominently with regard to stateless persons.
The first is the “no-fault” residence permit (buitenschuldvergunning), which is not an asylum
permit but a regular residence permit. The permit may be issued to any foreigner without
other title to remain who demonstrates an inability to leave the Netherlands through no
fault of his or her own. The “no-fault” residence permit is a temporary permit which is
valid for a year, but which can be extended annually. After three years it can be replaced
by a residence permit, which is also valid for one year and has to be renewed. Although
the conditions that have to be met for the “no-fault” residence permit are particularly
strict, it is only this permit that in principle allows stateless persons who have no other
title to remain to reside legally in the Netherlands.
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1
Trb. 1967, 124.
2
Vreemdelingenwet 2000 (23 November 2000). Stb. 2000, 496.
Mapping statelessness