EXECUTIVE SUMMARY
1. The Netherlands is a Contracting State to the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness. These
treaties entered into force in the Netherlands on 11 April 1962 and 11 August 1985
respectively.
2. In the Netherlands, there is no dedicated and accessible procedure to determine whether
someone is stateless as defined in the 1954 Convention (and general international law),
that is, whether they are someone who is “not considered as a national by any State
under the operation of its law”. The lack of such a procedure with a binding outcome
for all authorities prevents the identification of individuals who are stateless and a more
accurate estimate of the number and profile of stateless people in the Netherlands..
3. In collecting data on the number of stateless people residing on Dutch territory, the
Central Statistical Bureau (CBS) relies on registration practice at the municipal level in the
records of the Municipal Basic Administration (GBA). Whenever someone’s nationality
status cannot be readily determined upon registration with the GBA, the individual is
registered in the CBS as being of unknown nationality. People are rarely registered as
“stateless” in the GBA, as documentary evidence of statelessness for registration as
such is required by law. Given that stateless people generally have no country willing or
able to issue such documentation, it is often impossible for them to fulfil this condition.
Consequently, the category “nationality unknown” is used significantly more frequently
than the category “stateless” in the Municipal Basic Administration records and therefore
also in the CBS statistics.
4. The Office of the United Nations High Commissioner for Refugees (UNHCR) commissioned
this study on statelessness in the Netherlands on the occasion of the 50th anniversary
of the 1961 Convention. First, it describes the current Dutch practice of determining
statelessness at the municipal level; it investigates the effects of registration as “nationality
unknown” or as “stateless”; and it assesses the consequences of the absence of a
dedicated statelessness determination procedure. Secondly, the socio-demographic
analysis in this report aims to provide the issue of statelessness in the Netherlands with
a human face. For this purpose, quantitative and qualitative data were collected and
analysed and numerous interviews were conducted with stateless people and people of
uncertain nationality residing in the Netherlands.
5. In order to address statelessness, UNHCR generally aims for improvements in four specific
areas: the identification, prevention and reduction of this phenomenon, as well as the
protection of stateless people. This study finds that the Dutch approach to statelessness
could be strengthened in these areas, both in the interests of the State and of individual
stateless people.
6.
Identification is probably the most problematic area. The statistical analysis in this report
shows that often no distinction is made between stateless people and those whose
nationality is unknown. No uniformity of approach exists between various authorities or
institutions in the way stateless people are registered. The common practice in GBA
registrations of labelling people as being of unknown nationality because they cannot
fulfil the strict evidence requirements for registration as a stateless person precludes
enjoyment of the rights enshrined in the 1954 Convention from being activated. The
Netherlands has ratified this Convention and thus acknowledged the protection needs of
stateless people, but without a proper procedure to establish statelessness, individuals
are likely not to be accorded the rights to which they are entitled.
in the Netherlands
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