REGIONAL OVERVIEW REGIONAL OVERVIEW TABLE 3 Region-wise distribution of the reported stateless population Country 2019 (year start)156 2020 (year end)157 2021 (year end)158 2022 (year end)159 Central Asia 97,510 88,117 56,814 46,079 East Asia 923 910 926 766 Pacific – 5,221 7,838 8,320 South Asia 872,434 884,631 939,542 974,443 Southeast Asia 1,294,497 1,305,551 1,407,295 1,444,363 TOTALS 2,265,364 2,284,430 2,412,415 2,473,971 Undetermined nationalities Four States in the Asia-Pacific (Japan, Kiribati, Laos and Vanuatu) have publicly available Englishlanguage census data from the last 10 years that categorises foreign residents within the country as having “undetermined” or “unknown” nationality.160 Most notably in Japan’s 2020 census, the nationality of 131,684 foreigners in Japan was categorised as “stateless and name of country not reported”.161 Smaller populations were recorded in the other three States — Kiribati (8), Laos (375), Vanuatu (27).162 Most notably in Japan’s 2020 census, the nationality of 131,684 foreigners in Japan was categorised as “stateless and name of country not reported”. The citizenship status of several other groups across the Asia-Pacific is unclear or unconfirmed. While reported figures of stateless populations may be low in East Asia, thousands of individuals have undetermined nationalities. China’s 2010 census showed that at least 13 million children lacked household registration (hukou) preventing them from accessing the full rights of citizens.163 The status of ethnic minority groups in both Japan and Mongolia remains uncertain. As many as 26,312 ethnic Koreans in Japan remain categorised as “citizens of the Korean Peninsula (Korea or Chōsen)”164 and hold the status of “special permanent residents”.165 In Mongolia, thousands of ethnic Kazakhs have faced 30 administrative barriers to reacquiring citizenship, which they lost in the early 1990s.166 As many as 10-15,000 West Papuan refugees have lived in Papua New Guinea since the last three decades, who due to absence from West Papua have lost their Indonesian citizenship and have been unable to access Papua New Guinean citizenship through naturalization, despite possessing the right to under the law of Papua New Guinea.167 In South Asia, two major groups in India and Nepal hold uncertain citizenship statuses. In India, the 2019 National Register of Citizens in Assam excluded over 1.9 million Assamese, leaving them labelled as foreigners and the validation of their citizenship at the hands of the foreigners’ tribunals.168 Between 2017 to 2022, 14,346 individuals have been deported from India with 32,381 individuals being declared as foreigners.169 Another 123,829 cases remain pending before the tribunals.170 In Nepal, as many as 6.7 million people lack citizenship certificates.171 The UNHCR has noted that “while these individuals are not all necessarily stateless, UNHCR has been working closely with the Government of Nepal and partners to address this situation.”172 In Southeast Asia as many as 810,443 residents of Sabah are non-citizens.173 This group represents the largest and most notable population of undetermined nationality within Southeast STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Asia as disagreement exists as to whether this population are stateless or should be considered citizens of either the Philippines, Malaysia, or Indonesia.174 Availability of data Of the 8 States in the South Asia sub-region, all experience issues with availability of data. Identifying the true status of stateless persons and persons at risk of statelessness is especially difficult in Afghanistan, Bhutan, and the Maldives where no stateless persons have been officially reported. In East Asia, there is a notable lack of reliable data, with the number of officially reported stateless persons in the subregion very low in comparison to the unofficial figures. The lack of available data is also noticed in the Pacific due to the limited connection NFA holds with local CSOs and other stakeholders on the ground. This disconnect between known stateless populations and officially reported figures needs to be remedied through investment in better data collection as the absence of accurate data undermines efforts to bring about positive changes. Central Asia has comparatively higher data availability than other subregions. Causes of Statelessness Discriminatory nationality laws Restrictions on the basis of ethnicity Ethnic minority groups across the Asia-Pacific — but largely within South and Southeast Asia — are at risk of statelessness due to discriminatory applications of citizenship laws, administrative barriers to gaining documentation and social exclusion. Notable populations include Khmer Krong communities in Cambodia,175 Hmong in Laos and Vietnam,176 ethnic minority groups living in border regions of India,177 Dalit and Madheshi communities in Nepal,178 the Lyuli/Mughat community across Central Asia,179 and the seafaring Sama Bajau in the Philippines, Malaysia and Indonesia.180 Discriminatory nationality laws have primarily led to statelessness among population groups in South and Southeast Asia. The most conspicuous example of ethnic discrimination in nationality laws can be seen within Southeast Asian nations. Emblematic of this is the citizenship laws of Myanmar that have rendered over a million ethnic Rohingya stateless.181 Population groups outside of Myanmar have also been deeply affected by ethnically discriminatory nationality laws, for example members of nine ethnic groups often referred to as ‘hill-tribe’ or ‘highland’ communities in Thailand have faced intergenerational statelessness due to discriminatory exclusion from citizenship laws.182 In Brunei, limitations of nationality to certain prescribed ethnic groups, or “indigenous groups of the Malay race” is the primary cause of statelessness among residents of Chinese heritage.183 Palau’s citizenship legislation also contains some provisions amounting to ethnic discrimination as only ethnic Palauans are able to apply for naturalization.184 In South Asia, other ethnic minority groups have been historically impacted by discriminatory nationality laws which have either indirectly excluded population groups or ignored them entirely. This includes Urdu-speaking ‘Bihari’ in Bangladesh185 and the Mosuli and Jogi (or ‘Magat’) communities in Afghanistan.186 Statelessness among Muslim and ethnic minority populations in India — including persons excluded by the National Register of Citizens in Assam and Rohingya refugees —is further protracted by their discriminatory exclusion from the Citizenship Amendment Act 2019.187 The Maldives’ citizenship legislation also discriminates on religious grounds, barring non-Muslims from being recognised as citizens of the Maldives.188 As a result of previous interpretations of Pakistan’s jus soli provision, REPORT 2024 31