SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA Population Reported stateless persons Brunei reported 20,863 stateless persons to UNHCR in 2022.2577 This is a sizable portion of the population, which was 455,400 persons as of 2022.2578 This reported figure has remained at a similar level for the last 10 years since the 2011 Brunei census reported 20,500 stateless persons in the country.2579 The reported population is likely to only include stateless persons who are regularised and have a certificate of identity.2580 International stakeholders noted with concern in a Joint UPR Submission over the lack of transparency on how the reported population data was acquired, making it difficult to monitor how the situation of statelessness in the country is evolving.2581 In particular, the US Department of State reported in its 2012 Human Rights Report for Brunei that there could be as many as 150,000 stateless persons in Brunei, whereas the Brunei government again reported only around 20,000 persons.2582 The 2022 Human Rights Report also notes that recent statistics on the stateless population in Brunei are unreliable.2583 There is also no available data on stateless persons without formalised residency.2584 According to the US Department of State’s 2021 Human Rights Report for Brunei, most stateless persons in Brunei were born in the country from families of Chinese heritage who have resided in Brunei for multiple generations and have permanent residence in Brunei.2585 As of 2014, only half of the ethnic Chinese population in Brunei Brunei reported 20,863 stateless persons to UNHCR in 2022. This is a sizable portion of the population, which was 455,400 persons as of 2022. SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA had acquired Brunei citizenship.2586 Barriers to their access to citizenship include being excluded from the eligible ethnicities for citizenship in legislation, not being able to provide evidence of legal residence, and inability to pass the Malay language test.2587 Persons at risk of statelessness Children of a Brunei citizen mother and non-citizen father are at risk of statelessness due to gender discriminatory provisions which limit women’s ability to confer nationality to their children on the same basis as men.2588 Also at risk are indigenous groups which experience significant barriers to birth registration, including the Dusun and Iban populations.2589 The US Department of State also identified the foreign wives of citizens as persons at risk of statelessness.2590 Between 2017 and 2021, 1,975 stateless persons gained citizenship, with most of this group being foreign wives, not ethnically Chinese persons.2591 Causes of Statelessness Discriminatory nationality laws As noted above Brunei’s citizenship laws contain both racially and gender discriminatory provisions, with Malay ethnicity and citizenship being deeply entwined.2592 The limitation of nationality to certain prescribed ethnic groups, or “indigenous groups of the Malay race” is the primary cause of statelessness in Brunei.2593 Barriers to their access to citizenship include being excluded from the eligible ethnicities for citizenship in legislation, not being able to provide evidence of legal residence, and inability to pass the Malay language test. TABLE 66 Reported stateless persons to the UNHCR Country Brunei Darussalam 2019 (year start)2594 2020 (year end)2595 2021 (year end)2596 2022 (year end)2597 20,863 20,863 20,863 20,863 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. 230 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) As noted above Brunei’s citizenship laws contain both racially and gender discriminatory provisions, with Malay ethnicity and citizenship being deeply entwined. The largest registered stateless group in the country is persons of Chinese heritage who are not considered one of the prescribed groups. Most of the affected population hold regularised permanent residence in Brunei and hold identity certificates that provide rights to travel, access education and health care.2598 However, their permanent resident status does not allow them to hold passports, restricts freedom of movement, excludes them from accessing fully subsidized healthcare or higher education, and prohibits them from owning property, land or a business, among other restrictions.2599 Despite the regularised status persons are still denied citizenship and UNHCR has called on Brunei to amend the racially discriminatory provisions with retrospective effect.2600 Citizenship stripping Brunei citizenship may be lost if the citizen resides outside of Brunei for five continuous years without providing satisfactory proof of maintaining a “substantial connection with Brunei”.2604 Citizenship may only be deprived of citizens by registration or naturalization.2605 Notably, if a person who has gained citizenship by registration or naturalization acts or speaks in a way is “disloyal or disaffected towards His Majesty the Sultan”, they will be stripped of Brunei citizenship.2606 However, an individual shall not be stripped of their citizenship according to the law if such would lead to the individual being stateless.2607 However, an individual shall not be stripped of their citizenship according to the law if such would lead to the individual being stateless. Administrative barriers Gender discriminatory provisions further fundamentally limit a female citizen of Brunei to confer nationality to her children, essentially terming them stateless, requiring a registration process to be undertaken for citizenship to be recognised (whereas children born to male citizens receive automatic citizenship).2601 Women are also limited in their ability to confer nationality onto foreign husbands (while male citizens of Brunei can pass on nationality to foreign wives).2602 Stateless persons in Brunei can seek citizenship through naturalization where certain residence standards are met and a Malay language and cultural test is passed.2608 However, there are reports that persons who have met the requirements and passed the relevant tests still have not been granted citizenship 5 to 10 years after completing the requirements, pointing at administrative barriers to accessing citizenship through this process.2609 Lack of legal safeguards against childhood statelessness Universal birth registration is required for all children born in the territory of Brunei, as stipulated by the Birth and Deaths Registration Act (2013).2610 Brunei has reported a 100% birth registration rate to UNICEF as of 2020.2611 Despite this, indigenous groups, including the Dusun and Iban, experience significant barriers to birth registration, placing them at risk of statelessness.2612 Residing mostly in rural areas of Brunei, access to registration is low, despite the government’s stated efforts to improve access.2613 The citizenship legislation of Brunei does not provide any right to nationality for foundling children or children born to stateless parents. It also does not provide any safeguards to children whose nationality will be passed by their mothers, where albeit such children will be provided with identity documents and will go through an application process, but are yet considered stateless.2603 REPORT 2024 231