creation of new States (including further to the break-up of the former Soviet Union, for
example). Co-submitting partners also observe cases of stateless Palestinians, Rohingya
and former USSR citizens and their children in the Netherlands.
8. In the Netherlands, access to and enjoyment of human rights depends on whether a
person has lawful residence in the country, their registered nationality status (i.e.,
‘stateless’ or ‘nationality unknown’) and what type of residence permit they are issued.11
Within the current framework, stateless people who do not have lawful residence are
unable to have their statelessness adequately registered, and experience substantial
difficulties accessing the rights accorded to them under the Convention Relating to the
Status of Stateless Persons (1954 Convention) and the 1961 Convention on the
Reduction of Statelessness (1961 Convention).
9. A legislative proposal to introduce an SDP (see Issue II)12 and another proposal to amend
the Dutch Nationality Act to expand the ‘option procedure’ for stateless children born
in the Netherlands without a residence permit as a facilitated pathway to acquire Dutch
nationality (see Issue I)13 are scheduled for plenary debates in week 14 of 2022 (4 April
to 8 April). The co-submitting partners welcome the plenary debate on the proposed
bills but urge the Dutch Government to amend the bills taking into consideration the
concerns expressed in this submission.
10. The co-submitting organisations are also concerned that the issues addressed in this
submission are exacerbated in relation to particularly vulnerable groups or minoritized
communities including children, women, and the Romani community, and urge the
Netherlands to respect the principle of non-discrimination. The COVID-19 pandemic has
also increased socio-economic exclusion. Stateless people have mentioned how they
were affected by loss of informal employment, working whilst sick and without adequate
protection from disease, and were unable to access government pandemic employment
assistance and non-emergency or “medically necessary” healthcare. Many also
described the difficulties in supporting continued home-schooling for children due to
the lack of space, access to laptops, and internet.14
Issue I: Children’s right to nationality
11. The Netherlands has recognised the importance of every child’s right to a nationality by
acceding to the instruments mentioned in the above section on international
obligations.15 Consequently, clear and accessible nationality determination procedures
11 Justitiele Verkenningen (2018) Staatloosheid als moderne vorm van uitsluiting, pp. 99-116
https://repository.wodc.nl/bitstream/handle/20.500.12832/805/JV1802_Volledige_tekst_tcm28327814.pdf?sequence=2&isAllowed=y
12 Tweede Kamer der Staten generaal, Wet vaststellingsprocedure staatloosheid,
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wetsvoorstel%3A35687.
13 Tweede Kamer der Staten-Generaal, Wijziging van de Rijkswet op het Nederlanderschap en de Paspoortwet alsmede
intrekking van voorbehouden bij het Verdrag betreffende de status van staatlozen in verband met de vaststelling van
staatloosheid,
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wetsvoorstel%3A35688%28
R2151%29#activity-2020a06315.
14
European Network on Statelessness, Situation assessment of statelessness, health, and COVID-19 in Europe, April 2021,
https://www.statelessness.eu/sites/default/files/2021-04/ENS_Health_Situation_Assessment_Europe.pdf,
15 E.g. Art. 7 & 8 CRC, Art. 24(3) ICCPR, Arts. 1-4 1961 Convention; see also UNCHR Guidelines on Statelessness No. 4: Ensuring
Every Child’s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness,
2012, available at: https://www.refworld.org/docid/50d460c72.html; Joint general comment No. 4 of the Committee on the
Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 of the Committee on the Rights of
the Child on State obligations regarding the human rights of children in the context of international migration in countries of
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