84. In general, interviewees were confronted with significant difficulties in accessing the rights
attributed to them under the 1954 statelessness convention. This was mainly because they
were all either unregistered, registered as being of unknown nationality or of unconfirmed
nationality. This is a troubling situation, as classifying stateless persons as being of
unknown nationality or by attributing an unproven citizenship pre-empts the activation
of rights enshrined in the 1954 Convention.116 One of the interviewees, for example, had
variously been attributed as “Russian”, “Georgian”, and as “nationality unknown”, or no
citizenship at all. In the first two instances, no verification for this attribution was sought
and nationality was unilaterally determined. On this matter De Groot wrote the following:
“If the foreign State refuses to recognize the person involved as a national, other
States are absolutely not entitled to conclude that the person in question is
nevertheless a national of this foreign State. If the person involved does not possess
any other nationality, this person is de jure stateless and must enjoy the advantages
of statelessness avoiding or reducing provisions.”117
85. While Article 17(2) of the 1954 Convention calls on signatories to “give sympathetic
consideration to assimilating the rights of all stateless persons with regard to wage-earning
employment to those of nationals”, it was forbidden for nearly all interviewees to earn a
living, or even perform voluntary work to keep themselves occupied. Other basic needs,
a roof over one’s head in particular, were similarly difficult to access. Various respondents
were homeless and scraped a living together on the streets. For those who had found
shelter, eviction posed a constant threat. Finally, although education appeared to be
available to all minors, the inability to complete an internship obstructed the acquisition
of a diploma.118
86. Many of the interviewees complained about the lack of procedural solutions to their
plight. Due to the absence of a dedicated statelessness procedure in the Netherlands,
stateless people ended up moving from one ill-fitting procedure to another. Although the
“no-fault” procedure in theory serves the needs of stateless persons, in practice such
permits are rarely granted. Moreover, the “no-fault” procedure can only be accessed
after an application for an asylum or regular residence permit has been denied, causing
considerable and unnecessary delays. After all, many stateless people do not even
wish to apply for asylum and may not in any case be refugees. A statelessness status
determination procedure would help clarify those who are indeed stateless. For some
interviewees, residence in the Netherlands was not necessarily the aim or viewed as
the general optimum solution. Some showed no desire to stay in the Netherlands, either
because of a longing to return home or because of profound disillusionment with life
in the Netherlands. In these cases actively advocating for and assisting the individual
in acquiring or confirming another country’s citizenship or at least re-admittance and
enjoyment of a secure status and rights would be more in line with his or her wishes.
87. Even if there had been a more readily accessible procedural solution to statelessness,
many of the interviewees would still not have benefited from it. Eight of the respondents
had been declared an undesirable alien, mostly for minor offences such as petty theft and
posing as someone else to be able to work. This kind of subsistence crime, though not
to be condoned, is one consequence of a situation where stateless persons have no right
116
.-R. de Groot, “A clarification of the fundamental rights implications of stateless and persons
G
erased from the register of residents”, 4.
117
Ibid.
118
n 28 June 2011, in answer to written questions from members of Parliament, the Minister for
O
Social Affairs stated that he considered it undesirable that children without a residence permit
performed internships in the course of their studies. Ref. No. 2011Z09769.
in the Netherlands
37