Registration and identification by municipal authorities
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To avoid gaps in the identification of statelessness, the research shows that the
label “nationality unknown” should not be so readily attributed upon registration in
the GBA without further examination. When it is attributed, efforts should be made
to assess the individual’s nationality and to resolve it as quickly as possible.
To ensure consistency and full recognition of status by all relevant authorities,
registration in the GBA should be amended as necessary following any subsequent
determination of status, whether of refugee status and/or statelessness or following
the granting of another nationality. For instance, when someone is determined
to be stateless, registration in the GBA should be amended from “nationality
unknown” to “stateless”.
The research indicates that it would be useful to develop guidelines on how the GBA
should be amended to ensure changes in status are reflected in the GBA and to
undertake appropriate training of relevant authorities to ensure implementation.
To better assess the stateless population, statistics should be recorded and
maintained in the GBA in a transparent manner and in such a way that they reflect
the actual stateless population in the Netherlands and incorporate data by age,
gender, origin and birth.
Solutions for situations where the State of purported nationality fails
to cooperate in return
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To ensure early and correct identification of stateless persons, referral to a
determination procedure should take place as early as possible, if the individual
him- or herself claims to be stateless or this comes to light during the no-fault
procedure. In such circumstances, they should be referred from this procedure to
the statelessness determination procedure.
To render the procedure accessible and effective, information should be provided
by the IND to potentially stateless persons and legal advice bodies about the
existence of such a statelessness determination procedure. Local authorities
and other relevant bodies should also be informed about the procedure and their
responsibilities.
On human rights and humanitarian grounds and for the purposes of preventing
statelessness in the medium and long-term, the no-fault procedure could continue
to be available for persons not claiming to be stateless where the State of purported
nationality refuses to cooperate in their return.
in the Netherlands
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