SUB-REGIONAL OVERVIEW: THE PACIFIC
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
There is no protection for foundling children
in the Marshall Islands’ national legislation
on citizenship. However, the limited jus soli
provisions of the Marshall Islands citizenship
laws provide citizenship to persons born on the
territory who are not entitled to ‘be or become
a citizen of any other country’.1584 While lacking
mention of statelessness, this provision should
enable children born to stateless parents to gain
citizenship at birth.
There is no protection for foundling children in the
Marshall Islands’ national legislation on citizenship.
Administrative barriers
In 2017, the Marshall Islands’ birth registration
rate was at 84%.1585 One of the major challenges
causing incomplete birth registration in the
country is its centralized system that requires
families to physically visit registration offices
in either Majuro or Ebeye, which creates
geographical and financial barriers for those
SUB-REGIONAL OVERVIEW: THE PACIFIC
residing in the outer islands.1586 Like other
countries in the Pacific, birth registration in the
outer islands tends to be lower, which can be
remedied by implementing mobile registration
teams.1587 For unwed and adolescent mothers, it
is especially important to ensure accurate birth
registration,1588 which could be attributed to
social stigma.1589
In 2017, the Marshall Islands’ birth registration rate
was at 84%.
Statelessness and climate change
There are a number of articles and reports written
on the risk of statelessness faced by citizens of
low-lying Pacific states including the Marshall
Islands due to the impact of climate-induced
sea-level rise.1590 This risk of statelessness
from ‘disappearing states’ currently remains a
hypothetical question regarding the existence
of statehood without territory, the continuation
of citizenship without physical attachment and
the potential lack of effective governments.
Further, before any states ‘disappear’, the
impacts of relocation and an increase in displaced
populations on communities and individual’s
nationality status will need to be faced.1591
Federated States of
Micronesia (Micronesia)
Laws
Citizenship Law
Jus sanguinis provisions
The citizenship laws of the Federated States of Micronesia
(Micronesia) operate through jus sanguinis provisions with
children born either within or outside of the territory to a citizen
parent automatically considered citizens.1592 Children born
outside of the territory are considered natural citizens until the
age of 21, after which they will only be considered citizens if they
established permanent residence before reaching the age of 21.1593
Micronesia’s national legislation also does not include a definition
of a stateless person or any explicit mention of statelessness.
The citizenship laws of the Federated States of Micronesia
(Micronesia) operate through jus sanguinis provisions with children
born either within or outside of the territory to a citizen parent
automatically considered citizens.
Naturalized citizenship
A naturalization process is only available to children of a
citizen parent who are 18 years or older, of good character,
has renounced previous citizenship, and have been permanent
residents in the territory for at least five years.1594 Further, in
order to apply for naturalized citizenship in Micronesia, the
applicant must have already renounced their other citizenship,
leaving them in an indefinite period of statelessness.1595 There
are no provisions providing stateless persons or refugees the
opportunity to apply for naturalization.
There are no provisions providing stateless persons or refugees the
opportunity to apply for naturalization.
Dual citizenship
Due to a constitutional amendment passed in 2023, Micronesians
can have dual citizenship with the United States.1596 Dual
citizenship is not recognized with a state other than the U.S.1597
138
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
139
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