Netherlands

Update from June 2022:

On 1 January 2021 the Central Statistics Bureau reported 36,267 people who were ‘stateless/nationality unknown’ in the Netherlands, down from 45,947 the year before. The reasons for this decrease are unclear.
There were no major legal or policy reforms in 2021, but the long-discussed legal reforms on statelessness were finally adopted by the Dutch Parliament in May 2022, after many years of concerted advocacy on the part of ENS members and wider civil society in the Netherlands. The 2022 Index update will reflect these changes (available from January 2023). There has also been growing concern over the use of deprivation of nationality as a national security measure in the Netherlands, including through successive legislative amendments that have expanded these powers.

The Netherlands received four recommendations from the CERD Committee in 2021 on naturalisation, discrimination, and deprivation of nationality. It also received five recommendations from the CRC in 2021 on the prevention of statelessness among children and the right to a nationality.

New resources on the Netherlands now available include:

2021 Statelessness Index Survey
Joint submission to the UN Committee on the Rights of the Child (May 2021)
Joint submission to the UN Committee against Torture on the Netherlands (June 2021)
Joint submission to the UN Committee on the Elimination of Racial Discrimination on the Netherlands (July 2021)
Joint submission to the UN Universal Periodic Review on deprivation of nationality in the Netherlands (March 2022)
Joint submission to the UN Universal Periodic Review on statelessness in the Netherlands (March 2022)
Policy briefing on risks of childhood statelessness for the children associated with alleged ‘foreign fighters’ detained in Syria and Iraq (October 2021)
Increasing case law from the Dutch courts on the protection of stateless Palestinians as refugees
Stories of stateless persons and stateless families in the Netherlands without a residence permit (April 2022)

Positively, The Netherlands is party to most relevant international and regional instruments, but there are some gaps in its domestic legal framework to protect stateless people and prevent statelessness. The definition of a stateless person in Dutch law is narrower than the 1954 Convention, and without a statelessness determination procedure (SDP) or status, there is limited protection for stateless people in the country. Currently statelessness can only be identified through other administrative procedures. If identified, legally residing stateless people are granted a travel document and have access to facilitated naturalisation, but there is no route to protection for those without legal residence. The Dutch Parliament has approved legislation that would establish a judicial procedure to determine statelessness (not yet in force), although it does not lead to a right to reside. Although the law contains some protections and safeguards against arbitrary detention, immigration detention is used in practice, and stateless people without legal residence are at risk of detention.

There are safeguards in Dutch nationality law to prevent statelessness in the case of foundlings and adopted children. However, the safeguard for children born stateless in the Netherlands is not automatic. Until recently, it required registration as stateless and three years’ legal residence before a child could acquire nationality, although an amendment to the Dutch Nationality Act approved by Parliament in May 2022 will allow stateless children without legal residence in the Netherlands to opt for Dutch nationality after five years’ of ‘stable and habitual’ residence. Children born to unmarried Dutch fathers and a foreign mother are also disadvantaged. The law provides for universal, immediate birth registration, and all children are issued with birth certificates; but parents without legal residence or who lack key documents may face barriers and the procedure for late birth registration is complex.

Information below by theme was last updated in March 2021.

Last updated:

Mar 2021

Next scheduled update:

Jan 2023

Country expert(s):

Marlotte van Dael & Robin van Oene, ASKV

Additional resources

Country survey data (2021)

ASSESSMENT KEY

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+ SOMEWHAT POSITIVE

+-POSITIVE and NEGATIVE

- SOMEWHAT NEGATIVE

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ADDITIONAL INFO

NORMS & GOOD PRACTICE

International and Regional Instruments

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

The Netherlands has a strong record on accession to the relevant human rights instruments. It is party to all four of the core statelessness conventions, although it does retain reservations to the 1954 Convention, it has committed to removing these. It is State party to all other relevant regional and international treaties, except for the Convention on the Rights of Migrant Workers. Its reservations to the Convention on the Rights of the Child do not directly impact on statelessness but may impact on stateless children in the country.

The 1954 Convention

The Netherlands is party to the 1954 Convention and it has direct effect. It retains reservations to Articles 8 and 26, though it has restated its intention to remove them under legislative proposals currently before the Dutch Parliament.

The 1961 Convention

The Netherlands is State party to the 1961 Convention with no reservations, and the convention has direct effect.

Other Conventions

The Netherlands is party to most relevant international and regional conventions, though it retains some reservations.
For example, its reservation to Article 7 of the European Convention on Nationality impacts on childhood statelessness. Its reservations to the Convention on the Rights of the Child, including in relation to the right to legal representation, age of majority, and access to social security, do not directly affect statelessness but may affect stateless children in The Netherlands.
The Netherlands is not party to the Convention on the Rights of all Migrant Workers and Members of their Families.

Statelessness Population Data

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

The Dutch national statistical database contains some data on the stateless population that is disaggregated, but due to inconsistencies in how nationality and statelessness is recorded and the lack of an effective mechanism to identify stateless people in the country, the size of the stateless population is very likely to be underreported. UNHCR reports government figures for the stateless population in the Netherlands. Mapping studies of statelessness have been undertaken by NGOs and UNHCR.

Availability and sources

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There are inconsistencies in how nationality and statelessness are recorded in the Dutch national statistical database (StatLine). The two categories 'stateless' and 'nationality unknown' are sometimes combined and sometimes reported on separately. Data in StatLine is disaggregated by age and sex and updated annually. In 2017 the total number of people ‘stateless’ or with ‘unknown nationality’ was 69,778, and in 2018, 63,982. In 2019, the number was 55,621 (12,869 ‘stateless’ and 42,752 ‘nationality unknown’), and in 2020 it was 45,947.
UNHCR reports government figures for the stateless population and estimates there to be approximately 13,000 people registered as ‘stateless’ and 43,000 as ‘unknown nationality’.
Asylum statistics provide data on applications by stateless people with some disaggregation In 2016 and 2017, 5% of total asylum requests were from stateless people. In 2019, 38 applications for asylum were lodged by people recorded as stateless. A further 40 asylum requests were made by people recorded as ‘Palestinian Occupied Territory’ and 870 by persons recorded with an ‘unknown nationality’. In 2020, 65 asylum requests were made by stateless persons, and 130 stateless family members arrived on the territory. A further total of 625 asylum requests were made by people recorded as ‘unknown nationality’.
The Central Office for Statistics (Centraal Bureau voor de Statistiek) reports the number of stateless people who obtained a residence permit for the first time, by year, and type of permit. In 2019, 255 stateless people obtained an asylum permit (for comparison, the number in 2015 was 4,390); 450 stateless people obtained a residence permit on other grounds; and 370 stateless people obtained a permit for family reunification.
Various surveys and mapping studies of statelessness have been carried out by NGOs and UNHCR.
Previously unpublished figures from the Central Office for Statistics showing an increase in the number of people registered as stateless in the Netherlands from 2,005 in January 2012 to 12,869 in January 2019 were reported by the Dutch media in June 2019.
The lack of a statelessness determination procedure means that it’s unclear who is included in the reported numbers, and the numbers are likely to be underreported.

Stateless in detention data

No specific data is published on the number of stateless people in detention. In previous years, information has been published on the number of people in detention with 'unknown nationality'. For example, 3.7% of the 3,181 people who entered detention in 2017 were recorded as having ‘unknown nationality’.
In 2019, 3,784 people entered immigration detention with an average stay of 41 days. There has been a year-on-year increase in the number of people entering immigration detention between 2015-2019. The most common nationalities of those detained in 2019 were Moroccan (13%), Albanian (11%), Algerian (11%), Nigerian (5%) and Gambian (4%). No further data has been published by the Government on statelessness or unknown nationality.
A report by the Ombudsperson published in 2020 mentions that in practice an (unspecified) number of people are re-detained in immigration detention on a regular basis due to not cooperating or due to the country of origin refusing return of the individual. There is no further information published by the Government on statelessness or un-removability.

Statelessness Determination and Status

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a stateless status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice.

There is a definition of a stateless person in Dutch law, but it is slightly narrower than the 1954 Convention definition and there is no dedicated statelessness determination procedure, although the Dutch Parliament is currently considering legislation in this area. There are two possible administrative procedures for a person to register as stateless depending on whether they are legally residing in the country. Both have significant gaps in terms of access and flaws in the assessment process, and neither confer 1954 Convention rights and protections. Identification as a stateless person does not lead to permission to stay, though a legally residing stateless person with a ‘stateless’ registration has access to a travel document and a facilitated route to naturalisation.

Definition of a stateless person

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The definition of a stateless person in the Netherlands is slightly narrower than the 1954 Convention: a stateless person is someone not considered a national by any state ‘under its legislation’ rather than ‘under the operation of its law’.

Training

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There is no information available about statelessness courses specifically targeted at government bodies and public officials. General trainings on statelessness are available, which are sometimes also attended by State officials.
ENS members have provided various trainings on statelessness in recent years, which have been attended by civil servants from local and national government (for example, municipality employees, immigration officers, etc.) and lawyers.

Existence of a dedicated statelessness determination procedure (SDP)

There is no dedicated SDP in the Netherlands. Although statelessness can be identified through other administrative procedures, there are significant gaps in these procedures.
A legislative proposal for an SDP was introduced in 2016 and a revised proposal tabled for discussion in the Dutch Parliament in December 2020, but the draft does not provide for a dedicated protection status nor any residence rights for those determined to be stateless. .

Procedures in which statelessness can be identified and other routes to regularisation

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Although there is not yet a dedicated SDP in the Netherlands, there are other administrative procedures through which it is possible to identify statelessness.
People staying legally in the Netherlands can be registered as stateless in the Basis Registratie Personen (BRP - Dutch Population Register) based on identity documents evidencing statelessness or a statement by the Minister of Security and Justice at the Dutch immigration Service. However, the BRP procedure is only a registration procedure, which records established data about a person. The procedure does not assess evidence on nationality beyond a standard passport or straightforward rule of nationality law and there are challenges with how it is implemented in practice, leading to significant protection gaps. Registration as stateless in the BRP provides a stateless person with some additional legal rights (for example, a travel document, and accelerated access to Dutch nationality).
Another procedure through which statelessness may be identified is registration in the Immigration and Naturalisation Service’s Basisvoorziening Vreemdelingen (BVV - Database on Foreigners), which allows stateless people without legal residence to be registered while they are in the procedure, though registration does not lead to any legal rights and is simply a registration database used internally within government institutions.

Access to procedures

The Immigration and Naturalisation Service (IND) can register someone as stateless in the Database on Foreigners (BVV) or refer them to the Population Register (BRP), but there are no obligations in law on the authorities to consider a claim for statelessness made within another procedure and there is no dedicated protection status.
An independent assessment of statelessness is not made during the asylum procedure, though the IND has a responsibility to assess the identity and nationality as best they can when deciding on admissibility of a claim. A referral mechanism between procedures is envisioned in the new SDP legislation currently before parliament.
The rules for registration of nationality in the BVV are not regulated by law, but there is an internal administrative protocol describing how to use a wide range of evidence (for example, witness statements or language tests).
There are no clear instructions on how to be identified as stateless because of the absence of a central SDP available to all stateless persons. A legally residing stateless person can ask their municipality to register them as stateless if they have relevant documents, but municipalities implement the procedure differently and no assistance is provided at first instance to inform people how and when to ask for registration as a stateless person. Examination of the evidence is conducted locally by the municipality, who can ask the IND for its opinion on an individual’s nationality. There is provision in law for the IND and municipalities to cooperate, but this is not consistent. Municipalities are increasingly cooperating with UNHCR and other (non-governmental) actors to improve the registration of stateless people at local level and provide additional information to stateless people at first instance.

Assessment

The burden of proof in the process to register as a stateless person in the BRP lies with the applicant.
The standard of proof is higher than in asylum procedures: the applicant must provide documents to prove statelessness. There are instances where statelessness can be registered without documentary proof based on nationality laws, for example if the mother cannot confer her nationality to the child.
To help with the registration, the municipality can request information from the IND. The IND and municipalities have different internal instructions and policies on registration. For example, the IND has a special instruction on how to identify and register stateless Palestinians. Civil servants in the municipalities have their own handbook for registering people in the BRP, a chapter of which is dedicated to nationality (including statelessness).
However, municipalities do not have adequate means to assess complex cases of statelessness.

Procedural safeguards

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There is no fee for the procedure of registering as a stateless person in the BRP. Free legal aid is available to challenge a decision in the court where the applicant cannot meet legal costs.
There is no opportunity to claim statelessness in a formal interview. To change a BRP registration to ‘stateless’ the person must go to the ‘Loket’ (desk) of the applicable Municipality and bring the necessary documents as proof. In most cases it is possible to make an appointment in advance. No interpreter is provided, though the individual can bring someone with them to provide language support.
Decisions are given in writing and with reasons in line with general rules for administrative procedures.

Protection

Identification and registration as a stateless person do not lead to permission to stay nor an official legal status, since statelessness is merely a category in nationality records in Dutch law, and not an immigration or protection status. The current system for registering personal data only permits registration of those who already have a right to reside in the Netherlands. Registration as a stateless person in the BRP gives the right to a travel document and accelerated access to Dutch nationality (following three years' legal stay, at a reduced cost, and the passport requirement is waived).
Stateless people without a residence document do not have access to a residence permit, travel document, right to work, social security, social housing, education (except for minors), right to vote, or family reunification (unlike legal residents, including legally residing stateless persons). Everyone in the Netherlands, including undocumented migrants and stateless people regardless of their residence status, have access to necessary healthcare.
The legislative proposal for an SDP laid before Parliament in December 2020 does not provide for residence rights to be granted to those determined to be stateless under the new procedure, although it does provide for the right to an identity document.

Detention

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

Dutch law provides for some procedural safeguards and limited protections against arbitrary detention, but there are significant gaps. Although it is set in law that detention should only be a last resort and there must be a real prospect of removal, statelessness is not considered a juridically relevant fact in decisions to detain and a country of removal is not required to be set prior to detention. Alternatives to detention exist, but reports suggest these are not fully considered prior to detaining. There is a time limit, a right to legal aid, judicial oversight, and rules governing the redocumentation process, but there are barriers to accessing legal assistance in practice and no residence status is granted on release, putting people at risk of immediate re-detention.

Immigration detention

Powers for immigration detention are provided for in law. Grounds for detention are far reaching and include not leaving the Netherlands after being ordered to do so; not cooperating with the process to establish identity or nationality; presenting wrong or contradictory information; destroying documentation; and the need to carry out additional inquiries about a person’s identity.
Although there is no need to identify a proposed country for removal prior to the decision to detain, detention is only permitted when a real prospect of removal exists.
Statelessness is not considered a juridically relevant fact and there is no statelessness determination procedure (SDP) to refer into.
Stateless people are detained in practice, but this must be inferred from general statistics as there is no SDP and data is not fully reliable. The use of detention has increased year-on-year since 2015. In 2019, 3,784 people entered immigration detention and 3,721 were released. In 2019, 90 people remained in immigration detention for more than six months. A recent report by the Ombudsperson states that some people are re-detained on a regular basis due to not cooperating or due to the country of return refusing to accept an individual. The law provides for detention to be used only as a last resort and requires that attention be paid to vulnerability. However, the term ‘vulnerability’ is not defined, and no concrete steps have been taken to improve the assessment of vulnerability in the decision to detain.

Identification of statelessness

coming soon

Information and analysis coming soon

Procedural safeguards

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The maximum period for detention is 18 months (six months plus 12 months’ extension).
The law provides that individuals must be informed in writing of the reasons for detention, as well as how to challenge the legality of their detention and access free legal aid.
People may be held in pre-detention at a police station, before being transferred to a detention centre where the removal process is initiated, and the initial decision to detain is then submitted to a court by an assistant public prosecutor (Hulpofficier van Justitie) within four weeks (in practice 10-12 days). The court must make a decision within two weeks, which can be appealed. After six months, another judicial review is mandatory if the detention is to be extended up to a maximum of 12 more months.
The Return and Departure Service is key to the decision to extend detention, which is partially based on their advice, meaning in practice it has significant decision-making power in the detention and return process. Detainees can appeal the decision to extend detention and can ask a judge to re-examine the lawfulness of their detention at any time, for example, to check the continued prospect of deportation.
There are rules and guidelines for the process of re-documentation, which involves a return interview conducted by the authorities and visits to the appropriate embassy arranged and accompanied by an official, but the burden of proof lies on the applicant and is stringent. The process is lengthy, and, in many cases, applicants are released after the maximum detention time limit after which they can be re-detained.
Although free legal aid is available, barriers to access have been reported in practice, including a lack of interpreters and inability to contact lawyers from within detention centres.

Protection on release

There is no protection from re-detention on release, and immediate re-detention is possible.
No residence status is granted on release and people do not have access to any rights, including social services, social housing, welfare, education, or work.
Re-detention regularly occurs, and cumulative time spent in detention is not counted towards the maximum time limit in law, so in practice, detention can be indefinite.
One legal possibility where return has proven impossible is for a stateless person to apply for a “no-fault” residence permit (buitenschuld vergunning), valid for a year and extendable annually. However, the approval rate for this procedure is low, as the burden of proof is on the applicant to prove beyond doubt that return to a former country of habitual residence is impossible and they are not to blame for this.

Return and readmission agreements

Most bilateral return agreements with countries of origin include a clause on readmitting former residents who are (presumed) stateless.
There have been cases of people with disputed/unknown nationality being returned under such agreements, including to Guinea and the Democratic Republic of Congo, for example, but not officially recognised stateless persons.

Prevention and Reduction

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

Full safeguards are in place in the Netherlands to prevent statelessness in the case of foundlings and adopted children, but there are gaps for other stateless children born on the territory. Some aspects of birth registration law and practice are also problematic, with strict deadlines, documentation requirements and a complex late birth registration procedure. Although subject to reform under the legislative proposal laid before Parliament at the end of 2020, the current provision in Dutch nationality law for children born on the territory who would otherwise be stateless is not automatic and requires continuous, legal, permanent residence of at least three years, as well as proof of the child’s statelessness. Children born to unmarried Dutch fathers and a foreign mother are also disadvantaged by a requirement that the father officially acknowledges paternity before the child is seven years old.

Naturalisation

Stateless people, when officially registered as ‘stateless’, can apply for naturalisation after three years’ legal stay, which is reduced from the standard five years. They are also exempt from providing a passport, but they do need to provide a birth certificate.
The fees for the naturalisation procedure are also reduced from the standard 925 EUR to 688 EUR (2021) for stateless people (and refugees). There are no exemptions for stateless people from the language requirement, but all children under 18 are exempt from this.
There are requirements relating to 'good character' and criminal convictions that could prevent some stateless people from acquiring Dutch nationality. The IND will not process an application if the person is suspected of a crime and could receive a sentence; if they have been convicted of a crime in the previous five years; if they are suspected or convicted of a crime under Article 1F of the Refugee Convention; or if they are in a polygamous marriage.

Stateless born on territory

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There is a provision in law for otherwise stateless children born in the Netherlands to acquire nationality, but it is not automatic. A written 'option statement' must be completed and submitted to the local municipality for approval and the child must have at least three years' continuous, legal residence in the country.
The child's statelessness must be proven, and they must be registered as stateless before acquiring nationality. The burden of proof lies on the applicant.
There is no age limit for a stateless child born on the territory to acquire nationality.
Children who are born in the Netherlands and have residence as beneficiaries of international protection, Dutch birth certificates or birth certificates from signatories to the Apostille Convention are exempt from the requirement to provide passports and some other documentation in the naturalisation process.
A legislative proposal laid before parliament in December 2020 proposes to extend the right to opt for Dutch nationality to stateless children born on the territory without legal residence, but they would need to wait for 10 years (at least five of which should be uninterrupted immediately prior to the application). The parents must have cooperated with the authorities and it must be established that the child's statelessness cannot be resolved by the parents.

Foundlings

There is a provision in law to grant nationality automatically to foundlings. There is no explicit age limit, but the legislation uses terms such as 'young age' and 'child', which are interpreted to mean under 18.
The law protects a foundling from statelessness if parents are later identified.

Adoption

The law prevents any loss of Dutch nationality as a result of adoption by foreign parent/s leading to statelessness and enables a Dutch child adopted by foreign parent/s to retain Dutch nationality in certain circumstances.
Dutch law distinguishes between 'strong' and 'weak' adoption. An adoption is 'strong' if the legal ties between the child and the birth parents are broken, or 'weak' if they remain. In the latter case, the adopted child becomes a national when acknowledged by a Dutch judge. Although this process is not automatic and there are conditions, there are no reports of any risk of statelessness during the procedure.

Ius sanguinis

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Children with parents of Dutch nationality have access to nationality by descent, but there are discriminatory elements to the provision.
In the case of a Dutch father and a foreign mother, the father must officially acknowledge the child before they reach seven years-old if they are not married. If the Dutch father acknowledges the child at or after the age of seven, they must present DNA evidence of paternity. In practice, Dutch fathers can face difficulties and delays acknowledging their child when the mother does not have legal residence and official identification documents.
If a parent acquires Dutch nationality after acknowledging the child, the child can only apply for Dutch nationality together with the parent if they hold a permanent residence permit immediately prior to the application. If the child is 16 or 17 years old, they are also required to have lived uninterruptedly in the Netherlands for at least three years. This discriminates against the child based on their residence status.

Birth registration

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The law provides for registration of all births on the territory to take place immediately (legally, within three days), but an identification document must be provided by the parents.
If parents do not have legal residence or identification documents, there are various options as to who can register the birth. If the child is born in hospital, a medical statement can be provided with the date and time of birth and sex of the child. If the mother has no way of identifying herself to be recorded on the birth certificate, the civil registrar can refer the case to the Public Prosecution Service and the birth certificate with her details is drawn up by order and in accordance with their instructions. The father is mentioned on the birth certificate if he has legally acknowledged the child. If the father is not Dutch, the following documents are required: legalised birth certificate; legalised statement of non-marriage or a copy of the marriage certificate; and an identity document.
All children are issued with either an official copy of the birth certificate or an international extract.
The child’s nationality is not recorded on the birth certificate and is determined when the child is formally registered in the Dutch Population Register if they have legal residence status. Statelessness can be registered without documentary proof if the mother cannot confer her nationality to the child, but there are no safeguards in place to ensure that a child does not remain registered with ‘undetermined nationality’. In 2020, the Human Rights Committee found that the Netherlands had violated a child's rights by leaving him registered with 'nationality unknown', and requested the Netherlands take immediate steps to remedy the case and avoid similar situations in the future.
NGOs and lawyers have noted barriers to birth registration for parents who do not have residence status and lack official identity documents, or who are afraid to approach the authorities due to their irregular residence status.
The municipality may pass on information about any change to a population register (BRP) entry for someone legally residing in the country to the immigration authorities, but there are no mandatory reporting requirements relating to people who are undocumented.
Late registration is possible in law, but there are practical barriers. It is a long process as proof of where the birth took place is required and a DNA test may be necessary. It is often necessary to go to court, which is expensive and takes time. The public prosecutor will be informed of any late registration and parents may be fined.

Reducing in situ statelessness

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There is no evidence of any proactive government campaigns to promote birth registration.
There are credible reports of low rates of birth registration among Roma communities in the Netherlands as well as survivors of human trafficking and undocumented migrants, due to the registration system being inadequate for these communities.
With the publication of a legislative proposal for an SDP in 2016, the Dutch Government began to address the problems surrounding identification of stateless people and ensuring children's nationality rights. However, the most recent proposal laid before Parliament in December 2020, does not stand up to international norms and good practice on the protection of stateless people and prevention of statelessness.
A Human Rights Committee decision from December 2020 requires the Netherlands to report within 180 days on progress to introduce an SDP and reforms to its Nationality Law.
The legislative proposal currently before Parliament confirms that the Netherlands intends to withdraw its reservation to Article 26 of the 1954 Convention.

Deprivation of nationality

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There are safeguards to prevent statelessness in most cases in which deprivation of Dutch nationality is permitted, except where nationality was acquired through fraud. In this case, deprivation could lead to statelessness.
There are provisions for deprivation of nationality on national security grounds, but not if this results in statelessness.
Deprivation of nationality provisions are applied in practice.
There are safeguards in law and practice to prevent renunciation of nationality from resulting in statelessness.
There are provisions on deprivation of nationality that permit deprivation only in the case of dual nationals, leading to unequal treatment between those who hold only Dutch nationality and those who hold dual nationality.
The competent authority for deprivation of nationality is the Minister of Justice and Security and there is a right to appeal and to legal aid to challenge the decision.

Resources

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Jan 1954)

Council of Europe - European Convention on Nationality (Nov 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Jan 2006)

United Nations - Convention on the Reduction of Statelessness (Jan 1961)

Publications

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Jul 2020)

UNHCR - Mapping Statelessness in the Netherlands (Nov 2011)

ASKV, Defence for Children, ENS & ISI - Joint Submission to the Human Rights Council at UPR27 - Netherlands (Sep 2016)

ENS & ISI - Joint Submission for the 72nd session of the Committee against Torture - Netherlands (Jun 2021)

European Network on Statelessness - Statelessness determination and protection in Europe (Sep 2021)

ENS, ASKV, ISI & others - Joint Submission to Dutch Government consultation on new proposal to determine “evident” statelessness (Apr 2022)

Additional resources

ASSESSMENT KEY

ADDITIONAL INFO

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