Issue IV: Statistical data on Statelessness
37. Collecting and publishing accurate, disaggregated data on statelessness and the risk
thereof is crucial to implementing and reviewing law, policy and practice to prevent and
reduce statelessness. The Council of the EU and the Governments of EU Member States
adopted Conclusions on Statelessness in 2015, which include the obligation for States to
collect reliable quantitative and qualitative data on statelessness. Statelessness must be
visible to combat (further) stigmatisation, ensure adequate respect for the rights of
stateless persons under international law, and prevent and reduce statelessness in law
and practice. In the Netherlands, the official population figures and available data on
nationality (including statistics on acquisition of Dutch nationality) do not capture the
distinction between statelessness and ‘nationality unknown’. The categories are
recorded separately, but the figures are merged in the publicly available data. Also, no
data is available on stateless people in immigration detention. The lack of transparency
in data contributes to the invisibility of statelessness and stateless people and the
challenges they face.
Recommendations
38. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to the Netherlands:
I.
II.
III.
IV.
V.
VI.
Align proposed amendments to the Dutch Nationality Act with the international law
obligations of the Netherlands and the most recent recommendations of the
Committee on the Rights of the Child and the Human Rights Committee. Amend the
proposed legislative Bill to ensure that access to Dutch nationality for stateless
children born on the territory is in line with the 1961 Convention.
Introduce safeguards in Dutch nationality law, policy and practice to ensure that
children born in the Netherlands have their nationality status determined and only
remain registered as having ‘unknown nationality’ for the shortest possible period, in
order to guarantee the child’s right to a nationality and ensure that stateless children
born in the Netherlands acquire Dutch nationality.
Build the capacity of the competent authorities to proactively identify and determine
statelessness and ensure that people are only registered as having ‘unknown
nationality’ where absolutely necessary and for the shortest possible period of time.
Introduce an effective statelessness determination procedure in line with UNHCR
guidance and good practice standards, which is accessible to all persons on the
territory of the Netherlands and automatically leads to the granting of a residence
permit and all rights protected under the 1954 Convention relating to the Status of
Stateless Persons.
Ensure that relevant competent authorities have the necessary expertise, guidance,
and resources to effectively identify and assess statelessness and nationality issues,
facilitate cooperation between public authorities who may encounter stateless
people, and introduce cross-referral mechanisms between asylum, detention, the nofault procedure, and statelessness determination procedures.
Ensure that refugee status determination procedures take into consideration the
issue of statelessness, where relevant and appropriate, to allow statelessness to be
assessed as a factor when determining a well-founded fear of persecution.
12