4.2.2 Dutch nationality law in respect of stateless persons
110. Having described the statelessness practice under Dutch aliens’ law in the previous
paragraph, we will now analyse how the objectives of the Conventions have been
incorporated into Dutch nationality law. This concerns Article 6(1)b (sometimes known
as a “right of option”, although it is best described as an application procedure), Article
8 (naturalization), and Article 14(6) DNA (loss of nationality).
Article 6(1)b DNA: Application procedure for Dutch nationality
111. The 1961 Convention and the 1997 ECN both provide for the acquisition of the nationality
of the country of birth if the child would otherwise be stateless.
112. Article 1(1) of the 1961 Convention provides that:
“A Contracting State shall grant its nationality to a person born in its territory who
would otherwise be stateless. Such nationality shall be granted:
a. at birth, by operation of law, or
b. upon an application being lodged with the appropriate authority... in the manner
prescribed by the national law.”
113. The grant of nationality under Article 1(1)b of the Convention may, however, be subject
to a number of conditions. Among these are “[t]hat the person concerned has habitually
resided in the territory of the Contracting State for such period as may be fixed by that
State, not exceeding five years immediately preceding the lodging of the application nor
ten years in all.” (emphasis added)
114. Article 6(2) ECN provides:
“Each State Party shall provide in its internal law for its nationality to be acquired by
children born on its territory who do not acquire at birth another nationality. Such
nationality shall be granted:
a. at birth ex lege; or
b. subsequently, to children who remained stateless... Such an application may
be made subject to the lawful and habitual residence on its territory for a period
not exceeding five years immediately preceding the lodging of the application.”
(emphasis added)
115. The difference between the two Conventions is immediately apparent: under the ECN a
nationality application may be subject to the requirement of lawful and habitual residence,
while this is only habitual residence under the 1961 Convention. The Netherlands is a
contracting State to both conventions and the relevant provision in the DNA, Article 6,
provides that:
“1. After making a written declaration to that effect, the following persons shall
acquire Netherlands nationality... :
b. an alien who was born in the Netherlands, the Netherlands Antilles or Aruba
and has been admitted158 to and who has had his or her principal place of
residence there during a continuous period of at least three years and has been
stateless159 since his or her birth...
46
158
dmission is defined in Article 1(1)g DNA as “permission by the competent authority with respect to
A
a lasting place of residence of an alien in the Netherlands, the Netherlands Antilles or Aruba”.
159
Defined in Article 1(1)f DNA as “a person who is not regarded as a national by any State under its legislation”.
Mapping statelessness