5. CONCLUSION AND
RECOMMENDATIONS
“The issue of statelessness has been left to fester in the shadows for far too long. It is
time to take the necessary steps to rid the world of a bureaucratic malaise that is, in
reality, not so difficult to resolve. It is simply a question of political will and legislative
energy.”
António Guterres, UN High Commissioner for Refugees
Louise Arbour, former UN High Commissioner for Human Rights191
5.1 Conclusions
140. In 2006, UNHCR’s Executive Committee issued a Conclusion on the identification,
prevention and reduction of statelessness, as well as on the protection of stateless
persons.192 UNHCR has aimed for improvements in these four specific areas and urges
States to do the same.
141. Firstly, as concerns the situation in the Netherlands, the research shows that the matter
of identification may be the most problematic area. Sound policies on the prevention
and reduction of statelessness and the protection of stateless persons are predicated
upon knowledge of the size and characteristics of this group. At present, information on
either is limited. This report’s statistical analysis reveals that often no distinction is made
between stateless persons and those whose nationality is unknown. The statistics that
are available are therefore not a reflection of the true extent of statelessness in the
Netherlands. No uniformity exists between various institutions in the way statelessness
is registered. Thousands of people carry the label “nationality unknown” for many
years and few attempts are made to resolve their situation. The common practice of
labelling individuals as of unknown nationality because they cannot live up to the GBA’s
administrative requirements to be registered as a stateless person, precludes the rights
enshrined in the 1954 Convention from being activated. The Netherlands is party to
this convention, thereby acknowledging stateless persons’ special protection needs,
but has not yet put a statelessness determination procedure in place. Without a clear
and consistent means of establishing statelessness, individuals may not be accorded
the rights to which they are entitled. Currently, the GBA operational guideline does not
mention statelessness and consequently does not contain any guidance on how to
determine statelessness.
56
191
. Guterres and L. Arbour, “The Hidden World of Stateless People”, United Nations Office of the
A
High Commisssioner for Human Rights (28 November 2007), available at http://www.ohchr.org/EN/
NewsEvents/Pages/DisplayNews.aspx?NewsID=4964&LangID=E [accessed 23 September 2011].
192
NHCR, “Conclusion on Identification, Prevention and Reduction of Statelessness and Protection
U
of Stateless Persons”, 6 October 2006, No. 106 (LVII) - 2006.
Mapping statelessness