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Swider and den Heijer
in this part of the world.37 We deem it useful for the purposes of explaining the
added value of an EU instrument on statelessness, to make a few brief observations about the magnitude of the statelessness problem in Europe—both in
terms of numbers and categories as well as some common protection failures
on the part of EU Member States.
3.1
Statistical Information on the EU’s Stateless Population
One of UNHCR’s main findings is that if any statistics on statelessness are at
all gathered by state authorities of European countries, the numbers are often
not representative of the real scope of the phenomenon.38 In its most recent
documents, UNHCR presents the figure of 400,000 stateless persons living
in the EU.39 The vast majority of this number, based on solid figures, are in
Estonia and Latvia. But outside those countries, numbers usually come from
national databases, which are often compiled in the context of absent or inadequate determination procedures. A cursory inquiry into national data reveals
that they may not reflect reality. The Netherlands, for example, has reported
to have 1,951 stateless persons in 2013, which is the number registered in the
Dutch Basic Registry of Persons (‘Basisregistratie Personen’). Research shows,
however, that the registration of stateless persons in the Dutch Registry is often
incorrect.40 The high standard of proof required to demonstrate statelessness
and other problems with this registration system, is likely to result in stateless
persons being registered with the status ‘nationality unknown’, or even with a
nationality which they in fact do not possess. On the other hand, some individuals registered as stateless in the Dutch Registry may in fact possess a nationality. There are over 80,000 persons in the Netherlands with an ‘unknown
37 These include Netherlands, Belgium, the UK, Malta, Finland. See Mapping Statelessness
reports by the UNHCR in these countries, available on Refworld Statelessness website
www.refworld.org/statelessness.html.
38
U NCHR, Mapping Statelessness in the Netherlands (Geneva, UNHCR, 2011), p. 33; UNHCR,
Mapping Statelessness in Malta (Geneva, UNHCR, 2014), pp. 46–56; UNHCR, Mapping
Statelessness in Belgium (Geneva, UNHCR, 2012), p. 17. See also Institute on Statelessness
and Inclusion ‘The World’s Stateless’ December 2014.
39 See, for example, UNHCR, ‘Stateless and voiceless in the EU’, Statement on the occasion of
the European elections, 22 May 2014, available online at http://www.unhcr.org/537dfb209
.pdf.
40
U NHCR, Mapping Statelessness in the Netherlands (Geneva, UNHCR, 2011), pp. 17–18;
Swider, K., Statelessness Determination in the Netherlands, Research Paper No. 2014–04 of
8 May 2014 (Amsterdam, Centre for European Law and Governance, 2014).
European Journal of Migration and Law 19 (2017) 101–135