SUB-REGIONAL OVERVIEW: EAST ASIA
Prior to the dissolution of China’s one-child policy,
the country had over 500,000 (largely female)
registered orphans who had been abandoned or
whose parents had died.926 In 2021, the figure
of abandoned children had reduced to 190,000,
from which 98% of the abandoned children in
state care lived with a disability or illness.927
Citizenship Stripping
According to the Nationality Law, a Chinese
citizen may renounce their citizenship through
an application process that involves satisfying
certain preconditions, like settling abroad, being
near relatives of foreign nationals, etc.928 The
concept of citizenship stripping is not recognised
as a form of punishment under the Criminal Code
or any other statutes in Chinese law. At the same
time, there are no provisions in China’s legislation
which stipulate the renunciation process of
previous foreign citizenship in order to apply for
Chinese citizenship.
SUB-REGIONAL OVERVIEW: EAST ASIA
China has not reported any birth registration data to
UNICEF, but according to the country’s 2010 census,
an estimated 13 to 30 million children were affected
by the lack of household registration.
The aforementioned documents are unlikely to be
available to stateless parents or parents of uncertain
nationality, leaving them unable to register their
children’s births.
discretion of bureaucrats and local officials who
often refuse to provide registration to children
born in violation of the former one-child policy or
those born to North Korean women.933 The absence
of proper documentation for these children puts
them at severe risk of statelessness and affects
their ability to access essential resources and
rights. There is a lack of recent data regarding this
issue, especially as China has not reported any
data to UNICEF from 2013-2022 regarding its
birth registration rates, but estimates as of 2017
suggest that the issue persists.934 Birth registration
in remote areas is especially low for girls, migrant
children, adopted children, children who exceed
the “sanctioned” family size, and those affected
by the hukou system.935 Excessive administrative
requirements have also been identified as a barrier
to birth registration for many households.936
pursuant to Article 6 of the Nationality Law in
practice. In addition, the children would not be
able to complete birth registration if the Medical
Certificate of Birth is absent.939
In China, the birth of a newborn is required to
be registered with the authority for household
registration at the place of residence.940 According
to birth registration guidelines published by local
authorities, in order to register the birth of a
newborn, it would require at least the Medical
Certificate of Birth for the newborn, valid identity
documents of the parents, and the local household
registration documents of the parents941 (which
will not be available to stateless parents or
parents of uncertain nationality because the
household registration authority would require
the applicant to first obtain Chinese nationality942).
The aforementioned documents are unlikely to
be available to stateless parents or parents of
uncertain nationality, leaving them unable to
register their children’s births.
Birth registration is essentially part of the
household registration system (hukou), which
determines citizenship rights including social
services, healthcare, employment and other
welfare benefits for residents in China. Without
completing the birth registration, the children
would not be able to enjoy full citizenship rights
in China. The nature of birth registration and the
rights attached to it are not expressly provided in
law, but rather a well-known fact deriving from the
practical difficulties for unregistered individuals
to enjoy citizenship rights in China.943
Administrative barriers
Under the nationality laws of China, children
born to stateless parents or parents of uncertain
nationality who have settled in China are entitled
to an automatic grant of nationality.929 However,
the practical application of this law and its
interaction with policies and administrative
requirements
fundamentally
limits
the
930
applicability of this protection. Requirements
for household registration have left potentially
millions of children, including those born outside
of policy quotas, to unregistered persons and
single mothers with uncertain statuses, stateless
or at risk of statelessness.931
China has not reported any birth registration data
to UNICEF, but according to the country’s 2010
census, an estimated 13 to 30 million children were
affected by the lack of household registration.932
This issue stems from citizenship being left to the
84
The Medical Certificate of Birth serves as the
legal and medical evidence for a person’s proof of
citizenship, record of birth, blood relations, and
the registration of residence.937 The issuance of
the Medical Certificate of Birth would, however,
first require parents to present their valid identity
documents (such as an ID card or passport).938
Stateless parents or parents of uncertain
nationality generally do not possess valid identity
documents. As such, it would be difficult for
these parents to obtain the Medical Certificate
of Birth for their children. Given that the Medical
Certificate of Birth generally serves as the legal
and medical evidence for a person’s proof of
citizenship and record of birth, the authority
may require such certificate to be submitted in
reviewing the application for nationality pursuant
to Article 6 of the Nationality Law. Accordingly,
lack of such certificate will present substantial
difficulties in obtaining Chinese nationality
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
85
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