A/HRC/44/57/Add.2 87. During her visit, the Special Rapporteur learned about alleged violations of international refugee law in the Netherlands’ non-European territories and countries. Human rights organizations and bodies have expressed serious concern about how refugees and asylum seekers in these locations are treated, levelling especially sharp critiques of the treatment and detention of refugees and asylum seekers in Curaçao. Roughly 26,000 Venezuelans residing in Curaçao are in urgent need of legal assistance, including access to asylum, shelter, education and other basic services.79 In apparent violation of the Netherlands’ non-refoulment obligations, the government of Curaçao has reportedly forced Venezuelans to return to their crisis-stricken country.80 The Special Rapporteur recalls that the Netherlands has emphasized that its non-European territories and countries hold an autonomous responsibility to ensure their respective compliance with international human rights law.81 Nevertheless, the Government of the Netherlands is the party responsible for meeting its international obligations and bears ultimate responsibility for harmonizing human rights compliance in the State.82 L. Stateless persons 88. During its visit to the Netherlands, the Working Group of Experts on People of African Descent expressed concern about the lack of procedures in the Netherlands to identify and protect stateless persons.83 Since then, the Government has taken steps to establish a statelessness determination procedure. Unfortunately, as of the Special Rapporteur’s visit, the parliament had yet to adopt such a procedure.84 In addition, the procedure outlined in draft piece of legislation before parliament does not appear to comply with international human rights standards, especially because it does not grant persons confirmed as stateless a right to lawful residence and associated social benefits.85 The Special Rapporteur is also concerned that current and proposed laws limit the likelihood that children born in the Netherlands will acquire citizenship and benefit from lawful residence status.86 89. About 80,000 persons of unknown nationality currently reside in the Netherlands. Many of these individuals lack the documents necessary to prove or disprove their statelessness. 87 The Special Rapporteur has learned that only 4,000 persons of unknown nationality have received formal statelessness status and are listed in the Netherlands’ Personal Records Database.88 M. Intersectionality and experiences of multiple discrimination 90. The Government has commendably increased legal and policy protections for lesbian, gay, bisexual, transgender and intersex persons in recent years and created institutional mechanisms to ensure enforcement of these protections. Government 79 80 81 82 83 84 85 86 87 88 18 See www.unhcr.org/en-us/news/press/2019/1/5c40d3ba4/unhcr-renews-offer-to-curacao-onvenezuelan-refugee-response.html. See https://foreignpolicy.com/2019/01/28/for-venezuelan-refugees-theres-no-safe-haven-in-curacaoasylum-maduro-netherlands-kingdom-nederland/ and www.amnestyusa.org/wpcontent/uploads/2018/09/AMN_18_45_rapport-Curacao.pdf. See www.government.nl/documents/leaflets/2015/06/05/kingdom-of-the-netherlands-one-kingdomfour-countries-european-and-caribbean. See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublic CommunicationFile?gId=24097. A/HRC/30/56/Add.1. https://www.rijksoverheid.nl/onderwerpen/nederlandse-nationaliteit/documenten/kamerstukken/2019/ 07/19/antwoorden-kamervragen-over-het-wetsvoorstel-staatloosheid. CCPR/C/NLD/CO/5. See also www.rijksoverheid.nl/onderwerpen/nederlandsenationaliteit/documenten/kamerstukken/2018/02/05/antwoorden-kamervragen-over-het-bericht-welhier-geboren-maar-geen-nationaliteit-112-amsterdamse-kinderen-zijn-staatloos (in Dutch). Ibid. See www.government.nl/topics/dutch-nationality/statelessness. Ibid. See also www.refworld.org/docid/4eef65da2.html.