On December 16, the UNHCR brought out a report on statelessness in relation to the Netherlands. Reading
it, it is quickly apparent that much improvement is needed in the interest of
effectively addressing statelessness in this country and the report indeed
makes a number of valid recommendations. What struck me most about the findings
of the study however, are the often degrading and inhumane
conditions that stateless people who find themselves here may be faced
with. In particular the lack of a specific procedure to determine statelessness
contributes to this situation. The result is that many stateless people have nowhere
to go after being through every procedure possible. In many cases, according to
the report, these people end up in illegal detention.
If a
stateless person is not able to prove that his/her stay in the Netherlands is
legal, this person can be detained. The detention is a
vicious circle: detention, no prospect of deportation, with a release command
to leave the country, arrest and potential declaration of undesirability for
illegal presence, again detention. Before 2010, when the EU Return Directive
took effect, there was not even a legal restriction on the maximum duration of
detention. Despite the Directive, today it is still possible to continue the
detention for up to 18 months. Arguments for this are often that "the
third country national concerned does not cooperate," or that "the
necessary documentation from third countries has been delayed.
Of the 24
interviewees in the report, 20 have gone through this disturbing process. They
describe the detention conditions heavier than or similar to criminal
detention. The idea of not having an outlook on deportation or knowledge of the
length of detention causes psychological disturbance. Even when one is
released, the anxiety becomes so great that the person does not dare to leave
the shelter or the house. As an identification requirement exists since 2004 –
meaning that everyone is expected to carry an official form of identification
and proof of legal status with them at all times - further discouraging people
from leaving the house, because the risk is greater to be detained again.
The issue is
if a stateless person is not regarded as stateless he/she cannot effectuate the
rights preserved in the 1954 Convention. A stateless person has great
difficulty in proving his/her status as a stateless person due to several
factors. An IND document that indicates citizenship may not be accepted as
valid, or the state where the person comes from does not provide assistance in
the clarification of nationality. The Dutch state also does not provide the
necessary help, creating a tunnel without light for the stateless person.
In the
Netherlands there is not a particular procedure that determines statelessness.
Because of the lack of a procedure like this stateless individuals are always
placed in the wrong corner. A frequently
made mistake is that stateless persons are put in the category of "unknown
nationality”. Only after it becomes clear of what nationality the person is,
their status is modified. But the burden to prove the nationality – or indeed
statelessness - is entirely on the shoulders of the stateless individual. At
present, the no-fault procedure offers a solution for some by recognising them
as “non-removable”. While doing this you can claim a residence permit, it is no
substitute for a statelessness determination procedure because it does not
formally recognize stateless people as stateless. It is only a temporary
solution, because the state cannot remove people who have nowhere to go, plus
the procedure has a high burden of proof that can be very difficult for people
to satisfy.
The absence
of a legal process to determine statelessness creates degrading and inhumane
conditions. To prevent more people ending up in a hopeless situation with
psychological problems, to which the current Dutch government policy
contributes, it is important to intensify measures to protect stateless
persons. At the very least, a temporary residence permit could offer a solution
until a statelessness determination procedure has been completed. In this way,
at least the waiting will go by in acceptable humanitarian circumstances.
Moshgan Wahedi, Intern,
Statelessness Programme
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