Tough Survivors; regulation of undocumented Surinamese former Dutch nationals.

What exactly is about to happen?

"You have in the Netherlands a group of - what we think - about a thousand somewhat older Surinamese who are, as it is called, undocumented. We saw those people, including at De Regenboog Groep's walk-in centres for the homeless, becoming poorer and more vulnerable. Their need for care and assistance was and is generally increasing noticeably. It is a very worrisome situation. Three years ago we embarked on a study to assess the situation and see what we could do. With the great result that they are now granted lawful residence. It is a bit late, but the only just way.

Before we get to the justice of it, can you say a little more about this group of people based on that research? How have they lived so far?

'Professor Richard Staring of Erasmus University and other researchers have done extensive research on the group of long-term undocumented migrants at the request of De Regenboog Groep. These include Surinamese. They are mostly over fifty-five years old and have come to the Netherlands for work, security, family, love. For example, they are people who when Suriname became independent as young children first stayed with the grandparents there and only later came to the Netherlands. Some of them, because of the civil war there, fled to the Netherlands. Most of them survived with what can best be described as making ends meet and working until you drop. This includes irregular chores, lugging, cleaning, and sleeping and eating with family and friends or a loved one. They literally dragged themselves from one address to another. For them, even if it was in the Netherlands, these have rightfully been tropical years. Going back to Suriname is not an option because they no longer have close ties to the country. Their social network, their family and children and grandchildren are here. And now, because of their now advanced age - they have to rely more and more on those relationships. Shame plays a role in this in many cases. It's not nothing if you have to knock on the door of acquaintances or a child time after time because you are hungry, too tired or too sick. 'Tough survivors, that's the term that I think best describes them.'

Why did they go undocumented?

"That varies from person to person, of course. We do hear that right after independence, not everyone was aware of the options. There were costs involved and the procedures may have been complicated. Many people tried to get legal status but did not meet the increasingly strict criteria, for example. In almost all cases, it's a classic between-the-walk story.'

I saw the wording racist legislation come up. To what extent does that qualification apply?

"Indeed, our legal advisors have sometimes defined it that way. The fact is that white Dutch people who emigrated to Australia or Canada, for example, could later make use of the so-called re-entry right. That did not apply to Surinamese. That is a bitter pill for many who grew up and were raised as Dutch. They were taught Dutch in elementary school, Queen Juliana hung on the wall in their classroom and they learned where Oude Pekela is located. By law, they were born Dutch and suddenly they were Surinamese because the time limit for changing citizenship had expired. Especially for this group, with whom the Netherlands has a special and obviously not guilt-free relationship, you can expect extra attention to justice and some flexibility.'

What are the next steps now?

"Shouting the new scheme from the rooftops. Thereby informing the people affected and going through the application process with them. In doing so, leniency is the main principle. Broadly speaking, what matters is that you were born before November 25, 1975 and can prove that the Netherlands was and is your actual place of residence for a considerable number of years. I mean, if you've flown back to Suriname once for a funeral, that won't be used against you.'

Why did it take so long to come to fruition?

"As it goes, someone has to crank it up and then it takes a while before there is actually new policy. Of course, the Surinamese community has been working on it much longer than we have. Iwan Leeuwin with his organization since 2013, for example. The urgency has increased given the age and vulnerability. The discussion of our slavery past may have helped. The colonial past and possible forms of reparations are coming up more and more often in the media.

That we need to do something about it is becoming more and more commonplace. We also took a very thorough approach to the matter from the beginning, and had everything researched by scientists and substantiated by legal experts. And I should also definitely mention the role of Eric van der Burg, as State Secretary for Justice and Security. We talked to him last year. He understood the seriousness of the situation and pretty quickly said, 'We have to do this.

Speaking of social climate, I can also imagine that people are going to call out that there are many more people living undocumented in the Netherlands and that we should do something about that too? Or, that with this precedent, the fence is drawn. Do you foresee that the scheme will be criticized?

"That is not predictable, of course. In any case, it would be quite cynical given the utter logic and fairness of the scheme. And, well, we are talking about a tiny group of people.'

Your area of expertise includes law relating to war crimes. I imagine this was a more cheerful exercise...

"Let me put it this way, I like to work on practical and small-scale initiatives that are also of great symbolic significance, like so many also initiated by De Regenboog Groep. That endeavor has been rewarded here, thanks to a brave Secretary of State and the many people with whom we have worked on this, and that is an undivided good feeling.'

Was there a moment of euphoria during the process?

"Yes, absolutely. Still is, especially now that it has come around. I'm incredibly happy for those people and - I must admit - I'm really proud of it, too. I can also clearly remember standing in the elevator with Iwan Leeuwin from the Surinamese community and our legal advisors, Professor Kees Groenendijk and Eva Bezem, after that conversation with the Secretary of State last December and thinking, ok, so this is really going to happen. Ge-wel-dig.'

^{text: Gijs de Swarte photo: Merlin Michon}