SUB-REGIONAL OVERVIEW: SOUTH ASIA
SUB-REGIONAL OVERVIEW: SOUTH ASIA
TABLE 61
India chapter, as many as 100,000 Sri Lankan
refugees are potentially stateless.2403
Status of Accession of International Human Rights Treaties in South Asia
Country
Srilanka
✅
⛔
Stateless 1
⛔
Stateless 2
⛔
Refugee
⛔
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
ICCPR
✅
ICESCR
✅
ICERD
✅
CRC
✅
CEDAW
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
implementing a mobile registration mechanism.2393
As a party to CRC, Sri Lanka is bound to ensure
that all births are registered immediately and all
children enjoy the right to acquire a nationality.2394
In recent concluding observations, the CESCR
Committee expressed concerns over the
discrimination, “poverty, poor working conditions,
inadequate housing conditions, lack of access
to health care, lack of quality education and
high drop-out rates, child labour and a lack of
citizenship or identity documents” experienced by
the Tamil population in Sri Lanka.2388 The concern
over difficulty faced by Tamils of Indian origin in
accessing citizenship and identity documents was
echoed in concluding observations by the CERD
Committee, which added that this leads to issues
with detention and owning a house or opening a
bank account.2389 By ratifying ICERD, Sri Lanka is
obligated to protect the right to nationality.2390
Further, ICESCR, which Sri Lanka is also obligated
to, protects the right to education and freedom
from discrimination.2391
In a recent UPR submission on Sri Lanka ISI
proposed the recommendations of acceding to
the Statelessness Conventions as well as “ensure
the socio-economic growth and address the
marginalisation faced by the formerly stateless
Tamils of Indian origin in the country”.2395
Population
Reported stateless persons
In 2022, Sri Lanka reported 36 stateless persons to
UNHCR, an increase of one person since reported
numbers in 2021.2396 This figure comprises
entirely of stateless refugees, with UNHCR noting
that they have information regarding the in situ
stateless population but lack any reliable data.2397
Concluding observations by the CRC Committee
in 2018 raised concern over the large number
of births which remain unregistered, especially
among marginalized groups, despite reporting
a high birth registration rate.2392 It was
recommended that Sri Lanka raise awareness of
the importance of birth registration and simplify
its birth registration procedure to ensure children
may register outside of established timelines by
Causes of Statelessness
Discriminatory nationality laws
Other Populations of Note
The granting of citizenship to the ‘Hill Country’ (or
‘Up-Country’) Tamil population in Sri Lanka 2003,
who had been deprived of citizenship since 1948
has both been held up as a success story of ‘solving’
statelessness and analysed for the continuing
discrimination faced by the population group
despite their citizenship status being resolved.2404
This population consists of persons of Tamil
ethnicity brought to Sri Lanka from India during
colonial periods largely to work on tea plantations
in the Sri Lankan Hill Country and are distinguished
from ‘Sri Lankan’ Tamil populations who historically
resided in the countries north and east.2405 In 2003,
in a combined project between the Sri Lankan
Government, UNHCR, and the Ceylon Workers’
Congress provided citizenship to an estimated
200,000 members of this community.2406
The granting of citizenship to the ‘Hill Country’ (or
‘Up-Country’) Tamil population in Sri Lanka 2003,
who had been deprived of citizenship since 1948
has both been held up as a success story of ‘solving’
statelessness and analysed for the continuing
discrimination faced by the population group despite
their citizenship status being resolved.
Historic statelessness among Hill Country
Tamils was largely based on the discriminatory
implementation of citizenship laws at the time
of Sri Lankan independence in 1948 which
indirectly excluded Hill Country Tamils from
citizenship.2407
Lack of legal safeguards against
childhood statelessness
The citizenship laws of Sri Lanka provide that a
foundling child of unknown and unascertained
parentage will be considered a citizen of Sri
Lanka until the contrary can be proven.2408 Sri
Lankan citizenship laws do not address access to
citizenship for children of stateless parents.
Administrative barriers
The birth registration rate in Sri Lanka was
reported at over 90% in 2009.2409 Despite the
country’s relatively high registration rate, the
CRC has noted with concern the low rates of
birth registration among marginalised groups in
Sri Lanka and the potential impact on their access
to nationality.2410
Stateless Refugees
Sri Lanka reported 36 stateless refugees to
UNHCR in 2022.2398 Additionally, as noted in the
TABLE 62
Reported stateless persons to the UNHCR
Country
Sri Lanka
2019 (year start)2399
2020 (year end)2400
2021 (year end)2401
2022 (year end)2402
–
–
35
36
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
214
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
215
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents