CCPR/C/130/D/2918/2016 establish in law a statelessness determination procedure and access to rights such as residence, with structural and procedural safeguards to ensure accessibility, fairness and flexibility in its operation, especially in respect of children; and (d) amend article 6 (1) (b) of the Nationality Act so that Dutch nationality is accessible to stateless children born in the territory, but who do not hold a permit of stay. State party’s observations on admissibility and the merits 4.1 On 28 June 2017, the State party acknowledged that the author was currently unable to effectively enjoy his right as a minor to acquire a nationality. 4.2 The State party informs the Committee that two bills are being prepared, which are aimed at providing a procedure for determining statelessness and an option for children born stateless in the Netherlands and who are not lawfully resident in the State party to acquire Dutch nationality, provided certain conditions are met. The State party also expresses its willingness to offer the author an amount of €3,000 as compensation and to reimburse him for any costs and expenses incurred in relation to the procedures before the Committee, provided these are properly specified and reasonable. Author’s comments on the State party’s observations 5.1 On 8 September 2017, the author submitted his comments on the State party’s declaration. He reiterates his submission that the State party should take full responsibility for the violations he has suffered, recognize him as a Dutch national, compensate him appropriately for the harm he has suffered, and create a permanent procedure in law to recognize the statelessness of those in his position, and enable them to gain Dutch citizenship. The author argues that despite the State party’s acknowledgement that his rights have been violated, the content of its response as an acceptance of responsibility falls short, as: (a) there must be a clear and unequivocal acceptance both of all the violations and of the State party’s responsibility for those violations, rather than a vague statement indicating that an unspecified violation has taken place; (b) the proposed individual remedy is insufficient as the State party is offering him €3,000 in compensation, and nothing more, with no guarantee that he will receive Dutch nationality, or even that he will be registered as stateless; and (c) the State party’s proposed general remedy provides no guarantee of non-repetition. The author argues that the Committee should therefore undertake a full examination of his complaint, especially in respect of the State party’s positive obligations to provide safeguards against childhood statelessness under article 2 (2) of the Covenant, and to provide remedies for statelessness when it nevertheless occurs, as required by article 2 (3) of the Covenant. 5.2 The author submits that the following remedies are required in order to effectively restore his rights in conformity with the principle of the best interests of the child: (a) he should be recognized and treated as holding the status “otherwise stateless from birth”, as this would entitle him to a retroactive permit of stay from the time of his birth and will permit him to apply for Dutch nationality immediately through an expedited application; (b) removal from the restricted living facility, together with his family; (c) adequate monetary compensation, amounting to €25,000, which would appropriately reflect the scope of the harm he has suffered;7 and (d) general measures to resolve current and future violations of the right to nationality under the Covenant. 7 GE.21-00755 The author notes that denial of nationality has profoundly and negatively shaped his entire childhood, sending him the message that he and his family do not belong anywhere. He has spent almost half of his childhood in statelessness, and legal and social exclusion from society, with many lost opportunities to live a normal life. He has been put in a situation of prolonged legal limbo and argues that the Committee should recommend at least €13,000 in compensation for the prolonged legal limbo that he has suffered. The author further notes that his lack of nationality has caused him to be physically isolated from society, and has irreparably harmed his education and social development. He notes that courts in the State party have found restricted freedom facilities to be especially damaging for children and have ordered compensation of €250 per month of stay in these facilities. He notes that he has lived in a restricted freedom facility for almost 48 months, at the time of the submission of his comments, which should equate to compensation of €12,000. 5