naturalisation.
33. The Romani community is significantly impacted by the failure to adequately identify
and determine statelessness, which impacts on their access to naturalisation. It has been
reported that some stateless Romani people are registered as having ‘unknown
nationality’, which means they must produce a foreign passport (as well as a birth
certificate) when applying for naturalisation – an unreasonable impediment to
naturalisation for stateless people. Those affected include Roma who were granted
residence status in the Netherlands in 1977/78 and who are still unable to access Dutch
nationality, some of them having lived lawfully in the country for over 40 years.53 These
problems are compounded by antigypsyism (discrimination against Romani people), a
lack of consultation with Roma representatives on the problems encountered in relation
to their registration status and statelessness, and the failure to recognise the Roma as a
national minority in the Netherlands. The Committee on the Elimination of Racial
Discrimination has issued several recommendations to the Netherlands to address this
issue, which have not yet been implemented.54
34. Another group of stateless persons in the Netherlands who are disproportionately
affected by barriers to naturalisation are Bhutanese refugees who were resettled in the
country from 2009. 55 Although most Bhutanese refugees in the Netherlands were
successful in acquiring Dutch nationality, some community members have been denied
Dutch nationality on the grounds that they could not fulfil the language criteria, and
therefore remain stateless. This requirement is particularly difficult to meet for
Bhutanese refugees who are elderly and have never been to school, who are therefore
unable to participate in the integration course, which is mandatory for acquiring Dutch
nationality.
35. A further group at risk is victims of human trafficking, who, due to confiscation of their
documents by their traffickers and inability to contact their countries of origin for new
documents, may be unable to prove their identity and/or nationality status.56
36. A recently adopted government policy to waive the passport and birth certificate
requirements for people granted an amnesty under the ‘General Pardon’ of 2007 has
not been extended to other groups who face similar obstacles, including Romani people,
Bhutanese refugees, victims of trafficking, and other people who are stateless or at risk
of statelessness in the Netherlands.57 If a similar exemption were granted to people who
lack identity documents, this would significantly reduce and prevent statelessness in the
Netherlands and provide a durable solution for the many individuals affected.
53
Advisory Committtee on Migration Affairs (ACVZ), Geen land te bekennen, 2013, p. 32-33 [please note that the specific
information on Roma statelessness in the Netherlands is only provided in the Dutch-language version of the report and not in
the shorter English translation].
54 UN Committee on the Elimination of Racial Discrimination (CERD), Concluding observations on the combined nineteenth to
twenty-first periodic reports of the Netherlands, 24 September 2015, CERD/C/NLD/CO/19-21, para. 20; UN Committee on the
Elimination of Racial Discrimination (CERD), Concluding observations on the combined twenty-second to twenty-fourth periodic
reports of the Kingdom of the Netherlands, 16 November 2021, CERD/C/NLD/CO/22-24, para 32.
55 Ram Karki, ‘Statelessness among resettled Bhutanese refugees in Europe: An unresolved problem;, ENS Blog, 10 June 2021:
https://www.statelessness.eu/updates/blog/statelessness-among-resettled-bhutanese-refugees-europe-unresolved-problem
56 Stateless Journeys, https://statelessjourneys.org/resources/statelessness-and-refugees-in-thenetherlands/#:~:text=Naturalisation%20There%20is%20a%20limited%20facilitated%20naturalisation%20procedure,which%20c
annot%20be%20met%20by%20many%20stateless%20people. This may seem like a low turnout, however, other requirements
such as naturalisation fees are still applicable and can be as high as EUR 945 per person. This can cause delays in people
applying.
57 Dutch Refugee Council, Breaking: álle 10.000 pardonners krijgen een Nederlands paspoort, 7 July 2021,
https://www.vluchtelingenwerk.nl/nieuws/breaking-alle-10000-pardonners-krijgen-een-nederlands-paspoort
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