documents are issued during the procedure to persons who claim to be stateless. The
rationale behind this policy, which has been criticized by the Dutch Ombudsman, is that
the issuance of an aliens’ passport or identity document will remove the incentive to
fully commit to acquiring a passport. If, however, the person in question is later officially
deemed stateless but is not granted residence, he or she is still not granted an aliens’
passport or identity document.
95. With regard to the Dutch reservation to Article 8, it should be noted that this Article was
drafted in the context of the aftermath of the Second World War and principally refers to
the possibility to exclude persons, for instance, from Germany and Japan. In addition, as
noted by Nehemiah Robinson in his commentary on the 1954 Convention:
“Under its first sentence, Article 8 does not preclude the application of exceptional
measures to stateless persons, it only prohibits (within the limitation of the second
sentence) their application to a stateless person ‘solely on account of his having
previously possessed the nationality …’. In other words, a state is free to apply to a
stateless person exceptional measures if they are taken on grounds other than his
former nationality. Thus Article 8, sentence one, would not hinder the application
of exceptional measures on account of the economic or political activity or special
unwanted contacts of a stateless person, if such activity or contacts are, in general,
a reason for applying all or some of the exceptional measures.”139
96. Since 1954, developments in international human rights law have strengthened nondiscrimination principles. For instance, under Article 2(1) of the 1966 International
Covenant on Civil and Political Rights, by which the Netherlands is bound, each State
Party undertakes “to respect and the ensure to all individuals within its territory and subject
to its jurisdiction the rights recognized in the present Covenant, without distinction of any
kind, such as … national or social origin, property, birth or other status”. Bearing in mind
Robinson’s commentary and subsequent developments in international human rights
standards, UNHCR therefore recommends that the Netherlands withdraw this reservation
to the 1954 Convention.
97. With regard to Article 26 of the 1954 Convention, Robinson’s Commentary reports
that Dutch concerns regarding granting stateless persons lawfully on the territory the
right to freedom of movement on the same basis as other aliens were raised during the
negotiation of the Convention. Since then, however, the Netherlands has ratified various
human rights instruments which include commitments on freedom of movement at the
same time as giving scope for their limitation for reasons of ordre public, but not for
discrimination on grounds of nationality or absence thereof. Among these rights is that
under Article 12 of the 1966 Covenant on Civil and Political Rights stating that “everyone
lawfully in the territory of a State, shall, within that territory, have the right to liberty of
movement and freedom to choose his [or her] residence”.140
42
139
UNHCR, Convention relating to the Status of Stateless Persons, Its History and Interpretation,
A Commentary by Nehemiah Robinson, 1997, available at: http://www.unhcr.org/refworld/
docid/4785f03d2.html.
140
ee similarly Protocol No. 4 to the 1950 European Convention on Human Rights, which the
S
Netherlands ratified on 23 June 1982. Articles 2(1) and 2(3) read: “Everyone lawfully within the
territory of a State shall, within that territory, have the right to liberty of movement and freedom to
choose his residence. … No restrictions shall be placed on the exercise of these rights other than
such as are in accordance with law and are necessary in a democratic society in the interests of
national security or public safety, for the maintenance of ordre public, for the prevention of crime,
for the protection of health or morals, or for the protection of the rights and freedoms of others.”
Mapping statelessness