SUB-REGIONAL OVERVIEW: SOUTH ASIA be necessary for obtaining citizenship in most situations, among other documentation.2200 However, Foreigner Tribunals have often not accepted a birth certificate as proof of birth ipso facto in the absence of tangible evidentiary connection to an ancestor whose residence can be traced to Assam prior to 1971. India reported an 89% birth registration rate in 2021.2201 SUB-REGIONAL OVERVIEW: SOUTH ASIA These administrative and documentary requirements placed on persons excluded from the National Register of Citizenship have acted as a barrier to the verification of thousands who have lost or had destroyed relevant documents due to relocation and flooding. Maldives Laws Citizenship Law Jus sanguinis provisions Citizenship legislation of the Maldives operates through jus sanguinis provisions that provide automatic citizenship to a child born to a citizen of the Maldives regardless of their place of birth.2202 Maldives citizenship laws, however, contain religious discriminatory provisions, as the Constitution of the Republic of Maldives states in Article (9)(d) that “a non-Muslim may not become a citizen of the Maldives”.2203 Despite the apparent gender neutrality of the Constitution and the Maldivian Citizenship Act, in 2021 the CEDAW raised their concern that the law “established different conditions for women and men as regards the transmission of nationality depending, notably, on religion and marital status”.2204 There is no definition of statelessness included in the Maldives citizenship legislation. Citizenship legislation of the Maldives operates through jus sanguinis provisions that provide automatic citizenship to a child born to a citizen of the Maldives regardless of their place of birth. Naturalized citizenship A person may apply for Maldivian citizenship if they are Muslim and have resided in the Maldives for at least 12 years continuously among other requirements.2205 There is no simplified or expedited process available for stateless persons or refugees. Dual citizenship Dual citizenship is permitted in the Maldives.2206 There are no additional conditions imposed for Maldivian citizens to acquire dual citizenship.2207 Treaty ratification status The Maldives is a party to ICCPR, ICESCR, ICERD, CRC, and CEDAW, but is yet to ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on 198 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 199

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