52. The sharp decline visible after 2004 is difficult to clarify unambiguously. The most
plausible explanation lies in the changed definition of a stateless person in the revised
Dutch Nationality Act of 2003.68 Until 1 April 2003 persons whose “nationality cannot be
determined” were considered to be stateless under the Dutch Nationality Act. Many of
them, as is the case at present, were nonetheless grouped into the category “nationality
unknown”, for instance because they could not meet the burden of proof required by the
GBA to be registered as a stateless person. Nevertheless, with this broader definition
of statelessness, naturally more individuals were registered as stateless than has been
the case since April 2003. The sudden drop in 2010 is not due to changes in the policy
environment, but a result of modifications in CBS’s data collection methods. In order
to acquire its data on statelessness, the CBS now aggregates information provided by
municipalities to give an indication of the national state of affairs. According to a CBS
demographer, before 2010 the bureau did not receive any information on an individual’s
previously registered nationalities. Instead, municipalities provided data on the situation as
it prevailed on 1 January of every year. However, as of 1 January 2010, CBS has had access
to these “historical” nationalities. Whereas an empty record was previously understood
to point to a stateless person, at present this empty record may be complemented by a
historical nationality still considered valid today. As a result, significantly fewer persons
turn out to be stateless.69 Consequently, data gathered using the new methodology
cannot be accurately compared to earlier statistics on statelessness, but is likely to be
more accurate than before.
The origins of stateless persons in the Netherlands
53. Out of the 2,060 people registered as stateless in 2010, figure 2 shows that a little over
71 per cent (1,471 people to be precise) were born in the Netherlands. Another 13 per
cent (260 people) were born in Indonesia, whereas an additional 48 different countries
combined make up the remaining 16 per cent (figure 2).70 If we break down the group of
Dutch-born stateless persons by their father’s country of birth, the picture portrayed in
figure 3 results.71
68
hanges in Dutch migration policy or more proactive deportation efforts are unlikely to be at the
C
root of this decline, since stateless persons – especially those already registered as such – can in
general not be deported and experience great difficulty in leaving the country of their own accord.
69
E-mail correspondence with a CBS demographer, 1 March 2011. On file with UNHCR.
70
CBS, data not available on Statline but on file with UNHCR.
71
Ibid. The eight paternal nationalities depicted in figure 3 represent 76 per cent of the total number
of stateless persons born in the Netherlands. The remaining 24 per cent are divided over dozens
of other paternal nationalities. Please note, however, that the CBS data do not list the number
of persons whose fathers are unknown. At present, the data portray a fictional situation in which
every registered stateless person has an identified father. It has been opted to display paternal over
maternal nationality in this chapter, because globally nationality laws exhibit a paternal bias. In short,
if individuals have a nationality, it is in general most likely to have been passed on by their father.
in the Netherlands
23