State of Being

Page 1



Surroundings of the Central Asylum Complex, Ter Apel


05 Fire exit of what used to be the restaurant where Mohamed T. worked illegally


01 Aiham and his newborn daughter, Haren



Documents of Aiham, his wife and their daughter


02

Tima Date of birth: 6 April 2017 Country of birth: The Netherlands Nationality: stateless


09

Dara Date of Birth: 16 July 2016 Country of birth: The Netherlands Nationality: unknown

“There are protocols to follow and boxes to tick. If you don’t fit in a box, you fall out of the system.”

Sara, Dara’s mother


12, 13

Vanessa, Chisom

“It’s complicated.” This could be the first sentence of every story about statelessness. The story of sisters Chisom and Vanessa Ogbonna is also one of bad luck and intractable bureaucracy. Chisom and Vanessa’s parents are immigrants from — in all ­­likelihood — Nigeria. However, when they arrived in the Netherlands, they registered as Sudanese. They had been told by smugglers this would significantly increase their chances of being granted asylum. Their mother was given a temporary residence permit, but their father was not and subsequently disappeared. After Chisom, the youngest, was born two months prematurely, their mother died. Although both Chisom and Vanessa were born in the Netherlands, both of them are registered as having no known nationality. They have been trying for years to have this changed to stateless. Only then can they — because they are minors — apply for Dutch nationality. After their mother’s death, the girls were handed over to social ser­ vices. They were placed with Irene, a big-hearted foster mother in Almere. With the help of lawyer Jelle Klaas, Irene has been fighting for years to get Dutch nationality for Chisom and Vanessa. In the process, a number of issues have had to be clarified. The Sudanese embassy in Brussels has even written a letter saying that the sisters are not Sudanese nationals. A negative burden of proof, in other words — quite unique in the world of statelessness. Due to their mother’s asylum application, however, the Immigration Service still has the girls on file as Sudanese. Their alien passports state that they can travel everywhere, except Sudan. The letter from the Sudanese embassy is Irene’s biggest coup. She has also had to prove that the girls’ mother died, that their father disappeared, that she has been granted custody and that the children have no other family, as far as they know. “Chisom and Vanessa are not recognised by any state, but how am I supposed to verify that? By asking every embassy for proof that they are not citizens of that country? And if it turns out that they really are stateless, there’s no procedure to establish that. Where are they going to get a nationality from?” Chisom and Vanessa only know Almere, a new Dutch town built in the polder. Vanessa is learning to kick box, Chisom plays guitar. They are fun, friendly and completely Dutch teenagers. Vanessa never goes to school parties, Chisom complains. Chisom will only be photographed in her favourite dress. She wants to be on television­when she’s older and is already thinking about how to make an impression. And she wants to be a doctor. That’s hard if you are stateless. In fact, you are not allowed to practise any profession. Vanessa’s dream is for all the court cases to be over. Even though the children are powerless to do much about it, having no nationality weighs heavily on them. They

12, 13

Vanessa, Chisom

are embarrassed, for example, when they are the only ones who cannot go on a school trip to London because Britain will not give them a visa. They are different, and at moments like these they are aware of it. “Fortunately,” sighs Irene, “we have our lawyer, Jelle. He sees openings everywhere. In a bureaucracy, you have to be creative.” He has been working for the family virtually pro bono for years. “It’s an unequal battle,” he says. “As a stateless person, the burden of proof lies with you. You need original documents. Proof. It’s almost never enough.” There are still a few rays of hope. The Council of Europe may be able to help. Or Irene could officially adopt Chisom and Vanessa, although she would need their father’s permission because he is still alive. He has remarried and lives in Spain with his new family. In an additional twist to the tale, he has indicated that he wants nothing­ more to do with the girls but does not want them to be adopted either. Then there is the mayor of Almere. He has the power to grant the girls, and indeed all stateless or non-Dutch people in his muni­ cipality, Dutch nationality upon request. However, Chisom and Vanessa are not stateless. It is an endless bureaucratic circle in which they are trapped. “It keeps me awake at night,” says Irene, who regularly takes the girls on long walks in the countryside around Almere to take their minds off things. The worst part is that when the girls turn 18, they will have to restart all the procedures themselves. “It’s as if, on that date, you arrive in the Netherlands again for the first time.”


State of Being Documenting Statelessness

Millions of people around the world are stateless. Lacking any ­nationality, it is impossible for them to live normal lives. Stateless children often cannot go to school or sit for exams. As adults, they may find that they cannot secure lawful employment or access health care. Frequently they are unable to open a bank account, own property or get married. And the list goes on. One effect of statelessness that remains underreported is its psychological impact. ‘Sad, emotional, lonely, isolated, afraid, anxious.’ These are words repeatedly used by stateless people to describe how they feel. We have read them in this book and we hear them from ­stateless people around the world every day. “ When you do not belong to any country you cannot feel complete […] you feel as if you are rejected from society”. Victoria, stateless in Western Europe I am pleased to support the initiative State of Being by Anoek Steketee, as well as the exhibition on statelessness by the presti­ gious Rijksmuseum. The portraits and testimonies in this book give a face to the faceless; a voice to the voiceless. The subjects of this book lead an undeniably harsh existence. Their stories ring true for the many invisible stateless persons throughout Europe, and beyond. Across the continent, stateless people face difficulties similar to those experienced by the people portrayed in this book. They come from different backgrounds, from all walks of life. Some have been stateless since birth because their parents are stateless or because their parents could not transfer their own nationality to their children. Others lost their nationality later in life. While their lives and journeys have been very diffe­ rent, they often face the same predicament: discrimination, misunderstanding and a life at the margins of society. I am hopeful that this project will help inspire the government of the Netherlands and other governments in Europe and around the world to redouble their efforts to ensure that everyone enjoys the right to a nationality and is able to say #IBelong. As we work together to realize the ambition of UNHCR’s Campaign to End Statelessness by 2024, we do so in the hope that within our lifetimes a day will come when no one has to struggle with the indignity and despair of living without any nationality. Filippo Grandi, United Nations High Commissioner for Refugees


Acknowledgements First of all, we would like to thank all the people who participated in this book: Mohamed A.F., Aiham, Leen, Ali, Bassem, Eduard, Mohamed T., Vanessa, Chisom and their foster mother Irene, Denny and Angela and their mother Xiaojie, Nadia and her mother Setareh, Dara and his parents Sara and Simon, and Tima and her parents Alaa and Mohammad. They are incredibly brave for allowing us to take their photographs and share their stories. Thanks to Laura van Waas, assistant profes­sor at Tilburg Law School and founder of the Institute on Statelessness and Inclusion; lawyers Jelle Klaas, Frank van Haren and Corinne de Klerk; Marlotte van Dael and Karel Hendriks of ASKV Refugee Support; Femke Joordens, Luke Korlaar, Inge Sturkenboom and Andrea Vonkeman of UNHCR; Annette Kouwenhoven of Wereldhuis; and everyone else involved for their substantive contributions to this complex subject. Our thanks also go to Femke Lutgerink, Rob Hornstra, Jenny Smets, Laura Verduijn and Erik Franssen for their critical feedback, Eelco van Welie for his blind faith, Ilja Glaap and Inês da Costa for their invaluable contribution to the concept and design of this book, Vrij Nederland for its commitment and collaboration and the Rijksmuseum, which commissioned this project as part of the exhibition Documenting the Netherlands: Stateless.

Credits Photography: Anoek Steketee Text: Arnold van Bruggen & Eefje Blankevoort Design: Kummer & Herrman Editorial concept: Anoek Steketee, Arnold van Bruggen, Eefje Blankevoort and Kummer & Herrman. Translation: Cecily Layzell Printing: NPN Drukkers Lithography: Andre Beuving, Wim de Heer Binding: Boekbinderij Patist Production: Anoek Steketee, Laura Verduijn Publisher: Eelco van Welie, nai010 publishers This publication was made possible, in part, by the Mondriaan Foundation, AFK and UNHCR. © 2017 nai010 publishers, Rotterdam. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher. nai010 publishers is an internationally orientated publisher specialized in developing, producing and distributing books in the fields of architecture, urbanism, art and design. www.nai010.com nai010 books are available internationally at selected bookstores and from the following distribution partners: North, Central and South America - Artbook | D.A.P., New York, USA, dap@dapinc.com Rest of the world - Idea Books, Amsterdam, the Netherlands, idea@ideabooks.nl For general questions, please contact nai010 publishers directly at sales@nai010.com or visit our website www.nai010.com for further information. Printed and bound in the Netherlands ISBN 978-94-6208- 414-8


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