CCPR/C/130/D/2918/2016
a statelessness determination procedure did not grant a residence permit to a person
recognized as stateless and that the stateless determination procedure envisaged in the draft
legislation, including the criteria for the acquisition of Dutch citizenship by children with
stateless parents, was not in line with international standards. 22 The Committee
recommended that the State party review and amend its draft legislation with a view to
ensuring that a person recognized as stateless was granted a residence permit so as to fully
enjoy the rights enshrined in the Covenant, and to ensure that the stateless determination
procedure was fully in line with international standards, was aimed at reducing statelessness
and took into account the best interests of the child in cases involving children.23 Furthermore,
the Committee notes that the Committee on the Rights of the Child, in its concluding
observations on the State party’s fourth periodic report under the Convention on the Rights
of the Child, recommended that the State party “ensure that all stateless children born in its
territory, irrespective of residency status, have access to citizenship without any
conditions”.24
8.5
Regarding the present communication, the Human Rights Committee notes that the
author’s mother has contacted Chinese authorities several times to confirm whether they
consider the author a Chinese national, without success. The Committee also notes that after
she visited the Embassy of China, she was informed that it would only be possible to issue
proof of Chinese nationality for the author if she herself was registered as a Chinese national.
The Committee further notes her information that she was not registered as a Chinese national
at birth, or at any later stage. The Committee notes that the application by the author’s mother
to register the author as stateless in the civil registry of the State party was rejected by the
domestic authorities on the ground that she had not submitted any proof of the author’s
statelessness, such as official documents from Chinese authorities confirming that the author
did not have Chinese citizenship. It also notes that in their decisions the domestic authorities
did not outline any further steps that the author’s mother could have taken to obtain official
documents from Chinese authorities concerning the author’s nationality status, after her
repeated attempts to obtain such documentation had proven futile. The Committee further
notes that the domestic authorities made no inquiries of their own in order to attempt to
confirm the author’s nationality status, or lack thereof. It notes that the Council of State, in
its decision of 21 May 2014, acknowledged that the lack of a status determination procedure
in the State party meant that individuals entitled to protection, including children, were falling
through a gap in legislation. The Committee notes the State party’s declaration that having
examined the author’s complaint, it has concluded and acknowledged that the author is
currently unable to effectively enjoy his right as a minor to acquire a nationality. Accordingly,
the Committee concludes that the facts before it disclose a violation of the author’s rights
under article 24 (3) of the Covenant. The Committee also considers that the failure to provide
the author with an effective remedy amounts to a violation of the author’s rights under article
24 (3) read in conjunction with article 2 (3) of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of the author’s rights under article
24 (3), read alone and in conjunction with article 2 (3), of the Covenant.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to provide the author with adequate compensation. The State
party is also required to review its decision on the author’s application to be registered as
stateless in the civil registry of the State party, as well as its decision on the author’s
application to be recognized as a Dutch citizen, taking into account the Committee’s findings
in the present Views; the State party is also requested to review the author’s living
circumstances and residence permit, taking into account the principle of the best interests of
the child and the Committee’s findings in the present Views. Additionally, the State party is
under an obligation to take all steps necessary to avoid similar violations in the future,
22
23
24
8
CCPR/C/NLD/CO/5, para. 22.
Ibid., para. 23.
CRC/C/NLD/CO/4, para. 33.
GE.21-00755