SUB-REGIONAL OVERVIEW: THE PACIFIC SUB-REGIONAL OVERVIEW: THE PACIFIC regional vernacular”, and have respect for the country’s cultures, to name a few conditions.1851 Additionally, the applicant must pass a citizenship test in Bislama and be of good health.1852 Parliament can attach additional conditions to eligibility and is responsible for providing review and decisions on applications.1853 Provided that the spouse has given consent, the applicant’s spouse and children may be included in the same application.1854 There is no expedited or simplified process available to stateless persons or refugees. 7 of the CRC.1859 On this, Vanuatu needs to strengthen national legislation on citizenship to ensure that children born in the territory who do not have parents of Vanuatuan citizenship or Ni-Vanuatuan descent do not become stateless. Birth registration also needs to be improved to ensure that every birth is registered immediately. Further, as a party to the ICCPR, Vanuatu must ensure non-discrimination of ICCPR rights based on nationality.1860 The political restrictions placed on dual citizens should be eliminated to ensure that Vanuatu meets relevant ICCPR obligations.1861 Dual citizenship Article 13(1) of the Constitution provides that dual citizenship is recognized by Vanuatu.1855 However, there are some political restrictions placed on dual citizens as detailed in Article 13(3), such as inability to serve in a public office or participate in Vanuatu politics.1856 These restrictions only apply for dual citizens who have not applied for naturalization or are not indigenous citizens.1857 Causes of Statelessness Vanuatu, there is no explicit protection of foundling or stateless children born on or found in the territory. Lack of legal safeguards against childhood statelessness Administrative barriers Under the laws of Vanuatu, there is no explicit protection of foundling or stateless children born on or found in the territory. For children born to two stateless parents in Vanuatu, there are currently no provisions protecting the child from becoming stateless. This combined with Vanuatu’s low rates of birth registration (43%)1863 could leave children vulnerable to statelessness. While the importance of birth registration is unknown for gaining citizenship in Vanuatu, birth registration is low in the country, reported at only 43% in 2013.1864 An updated birth registration rate has yet to be reported. Lack of birth registration or a birth certificate can mean that a person does not have the documentation they need to determine their citizenship eligibility.1865 Population Reported stateless persons To date, there has been no reported stateless population in Vanuatu. This calls for improved data collection and the development of a procedure for identifying persons who are stateless in Vanuatu. Article 13(1) of the Constitution provides that dual citizenship is recognized by Vanuatu Persons at risk of statelessness Treaty ratification status Those at risk of statelessness in Vanuatu could include foundlings and children born to stateless parents within the territory due to gaps in legislation. The only relevant treaty bodies ratified by the Republic of Vanuatu are the ICCPR, CRC, and CEDAW with no reservations. Undetermined nationalities As a party to CEDAW, Vanuatu is bound to ensure gender equality in nationality laws.1858 Vanuatu is also responsible for ensuring that no child is left stateless and that births are registered immediately in Vanuatu, according to Article In Vanuatu’s 2020 Census, 27 non-citizen residents in Vanuatu were categorised as having an ‘unknown’ citizenship status.1862 TABLE 47 Ratification of International laws relating to statelessness by the countries the Pacific Country Vanuatu ✅ ⛔ 168 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 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 169

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