22. The Committee is concerned by reports that the draft legislation establishing a statelessness determination procedure does 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, is not in line with international standards (art. 24).
23. The State party should review and amend the draft legislation with a view to ensuring that a person recognized as stateless is granted a residence permit so as to fully enjoy the rights enshrined in the Covenant and that the stateless determination procedure is fully in line with international standards, is aimed at reducing statelessness and considers the best interests of the child in cases involving children.
50. The Committee is concerned about the amendments to the Dutch Nationality Act, which provide for the revocation, in absentia, of the Dutch nationality of dual nationals based on information that they have left the country to voluntarily join the military service of a foreign State or a terrorist organization, and the implications that this would have for their family members. It is particularly concerned about the barriers faced by affected persons who are outside the country to appeal such a decision, which is based on classified information to which they or their legal representatives have no access. It is further concerned by the bill on strengthening the criminal law approach to countering terrorism, which provides for detention without an indictment based on a reasonable suspicion for a maximum duration of 44 days (arts. 2, 3, 9, 10, 12, 13, 14, 15, 23 and 26).
51. The State party should regularly review its counter-terrorism legislative measures, with a view to assessing their human rights impact and bringing those measures and judicial safeguards on their manner of application into line with international due process standards and the provisions of the Covenant, and ensure meaningful participation of civil society in the process. In particular, it should revise the Dutch Nationality Act with a view to ensuring effective safeguards against arbitrary loss of nationality and discriminatory effects as well as the effective exercise of the right to appeal.
Protection/Enjoyment of rights
Identification and determination procedures