118. It has become clear from answers to the rare parliamentary questions relating to
statelessness that the Dutch government does not share this view. On 26 February 2008,
the Minister of Justice, answering questions by MP Azough concerning stateless children
in the Netherlands, stated that Dutch nationality law contains very lenient conditions for
stateless persons who wish to acquire Dutch nationality. The Minister inter alia pointed
to Article 6(1)b, which permits a stateless person born in the Netherlands to apply for
Dutch nationality, provided that he or she has been admitted to the Netherlands and has
had his or her principal place of residence there for a continuous period of at least three
years prior to lodging an application. The Minister stated that “in principle this means
that a stateless child born in the Netherlands and legally residing there has a right to opt
for Dutch nationality after his or her third birthday”.167
119. The Minister pointed out that when confronted with a stateless child born in the
Netherlands, the legislation of the State of which the parent(s) hold(s) nationality should
be applied in order to know whether this State recognizes the child as a national.
Although this could be a difficult and time-consuming procedure, the Minister was of the
opinion that one could not conclude that a child was stateless if it was (merely) difficult
to acquire the relevant foreign documents. As the Dakar Summary Conclusions affirm:
“Some States may make a finding that a child is of ‘undetermined nationality’. When
this occurs, States should seek to determine whether a child is otherwise stateless as
soon as possible so as not to prolong a child’s status of undetermined nationality. For
the application of Articles 1 and 4 of the 1961 Convention, such a period should not
exceed five years which is the maximum period of residence which may be required
under Article 1(2)(b) of the Convention where a State has an application procedure in
place…
Responsibility to grant nationality to otherwise stateless children is not engaged
where a child is born in a State’s territory and is stateless, but could acquire the
nationality of a parent by registration with a State of nationality of a parent, or a
similar procedure such as declaration or exercise of a right of option. However, as a
general rule it is only acceptable for Contracting States to maintain an exception for
granting their nationality to children who would otherwise be stateless if a child can
acquire the nationality of a parent immediately after birth and the State of a parent
does not have any discretion to refuse the grant of nationality…”168
120. More recently, on 23 December 2010, the Minister of the Interior and Kingdom Relations,
answering parliamentary questions related to a Dutch study on statelessness among the
Roma population (Stateloos maakt radeloos), took the same position as was adopted
on 26 February 2008.169 In particular, the Minister noted that Article 6(1)b DNA was not
contrary to Article 1(1) of the 1961 Convention, Article 6(2)b ECN or Article 7 of the
Convention on the Rights of the Child.
48
167
Emphasis added. Tweede Kamer, vergaderjaar 2007-2008, Aanhangsel. No. 1455, pp. 3115–3116.
168
NHCR, “Interpreting the 1961 Statelessness Convention and Preventing Statelessness among
U
Children”, Summary Conclusions, Expert Meeting, Dakar, Senegal, September 2011, para. 14. See
also G.-R. de Groot, “A clarification of the fundamental rights implications of stateless and persons
erased from the register of residents”, 5, who argues in connection with Article 10 ECN that “if no
information can be acquired within a reasonable time, the person involved should be deemed to be
stateless”.
169
Tweede Kamer, vergaderjaar 2010–2011, Aanhangsel nr. 640.
Mapping statelessness