SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
FIGURE 10
Reported Stateless Rohingya Refugees in Southeast Asia
120000
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
either the Philippines, Malaysia or Indonesia.2498
The citizenship status of other population groups
including children of returned marriage migrants
in Viet Nam and2499 persons of Chinese, Indian and
Nepali descent in Myanmar2500 remains uncertain.
100000
Causes of Statelessness
80000
citizenship of Malaysia.2505 Children born in
Malaysia out of wedlock (or in situations where the
marriage is not recognised by the State, notably
non-Islamic customary or religious marriages)
to a Malaysian citizen father and a mother who
is stateless or whose citizenship cannot be
ascertained, are also at risk of statelessness due to
discriminatory provision that disallow the transfer
of nationality from a father outside of wedlock. 2506
Discriminatory nationality laws
60000
40000
20000
0
Malaysia
Indonesia Philippines
Thailand
Source: Global Trends: Forced Displacement in 2022
Stateless Refugees
Four countries (Indonesia, Malaysia, Philippines
and Thailand) in the region reported populations
of stateless refugees to UNHCR in 2022. All of the
reported stateless refugees are Rohingya from
Myanmar, with Malaysia reporting the largest
population (103,380), while Indonesia (925), the
Philippines (11) and Thailand (321) all reported
comparatively small population groups.2496 In
total, the sub-region has reported 104,637
stateless Rohingya refugees.
Undetermined nationalities
In March 2022 the Chief Minister of Sabah,
Malaysia announced that 810,443 residents of
Sabah are non-citizens.2497 This group represents
the largest and most notable population of
undetermined nationality within Southeast Asia as
disagreement exists as to whether this population
are stateless or should be considered citizens of
224
As noted above, ethnicity and national identity
share a deep connection within a number of States
in Southeast Asia. The most conspicuous example
of this is the ethnic discrimination present in the
nationality law of Myanmar that has rendered
hundreds of thousands of ethnic Rohingya
stateless.2501 Denial of citizenship to the Rohingya,
as codified in the 1982 citizenship law, has been
a key component of the systemic oppression
and persecution of the Rohingya people by the
government and military of Myanmar prior to the
2021 military coup.2502
Additionally, ethnic discrimination affects a
number of other populations in countries other
than Myanmar. For example, in the process of Thai
nation building in the 20th Century, Thai ethnicity
and citizenship were deeply entwined. Members
of nine ethnic groups often referred to as ‘hill-tribe’
or ‘highland’ communities living in the northwest
of the country have faced intergenerational
statelessness due to social exclusion.2503 In Brunei,
limitations of nationality to certain prescribed
ethnic groups, or “indigenous groups of the Malay
race” is the primary cause of statelessness with
the largest stateless registered stateless group
being persons of Chinese heritage.2504
Gender discriminatory nationality laws place
a number of children at risk of statelessness in
Malaysia and Brunei. Notably, children born
outside of Malaysia to Malaysian citizen mothers
and foreign fathers do not immediately gain
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Gender discriminatory nationality laws place a
number of children at risk of statelessness in Malaysia
and Brunei.
A combination of ethnic discrimination and
gender discriminatory provisions also rendered
stateless persons of Japanese descent who
were born in the Philippines between the 1930’s
and 1970’s (as well as their descendants) to
Filipino mothers and Japanese fathers.2507 Some
gender discrimination remains in the citizenship
legislation of the Philippines, as naturalized alien
women who are married to Philippine citizen men
may ipso facto become a Philippine citizen through
marriage; however, Philippine citizen women
cannot confer nationality to a foreign spouse on
the same basis as men.2508 Singapore’s citizenship
law also contains some gender discriminatory
provisions, where a child born in Singapore to
a citizen mother and a father who is foreign
diplomat will not be a citizen, despite the fact
that the child should be eligible for citizenship
by descent through their citizen mother.2509 The
limitation on the ability of married women to
confer nationality to their foreign spouse on the
same basis as men2510 also constitutes gender
Some gender discrimination remains in the citizenship
legislation of the Philippines, as naturalized alien
women who are married to Philippine citizen men
may ipso facto become a Philippine citizen through
marriage; however, Philippine citizen women cannot
confer nationality to a foreign spouse on the same
basis as men.
discrimination. Singapore law’s retention of the
concept of illegitimacy, as applied to children
born out of wedlock, creates a discriminatory
imbalance and an increased risk of statelessness
for children deemed as “illegitimate”.2511 While
Thailand’s 2008 amendments to its citizenship
law allowed for foreign spouses to apply for Thai
citizenship without the requirement of permanent
residence2512, the Act still does not allow for full
gender equality in the ability to confer citizenship
to foreign spouses.2513 Women are also limited
in their ability to confer nationality onto foreign
husbands in Brunei while Brunei men are able to
confer nationality to a foreign spouse.2514
Lack of legal safeguards against
childhood statelessness
Two States in Southeast Asia (Brunei and
Myanmar) provide no protection for stateless
or foundling children to gain citizenship. The
citizenship laws of six States (Cambodia,
Indonesia, Laos, Philippines, Singapore and Viet
Nam) explicitly provide that foundling children
will be considered citizens.2515 In Indonesia, there
have been some implementation issues due to the
absence of specific guidelines and procedures of
the provisions.2516 The citizenship laws of three
States (Malaysia, Thailand and Timor-Leste)
provide some protection for foundling children
under their law. Malaysian law considers those
born in Malaysia who are not born citizens of
another country to be citizens of Malaysia.2517
Timor-Leste’s citizenship laws provide that a child
of ‘incognito parents’ will be considered an original
citizen of Timor-Leste.2518 Foundlings can acquire
Thai nationality through naturalization. However,
there are many conditions of naturalization
that limit many foundlings from accessing the
naturalization process.2519
Two States in Southeast Asia (Brunei and Myanmar)
provide no protection for stateless or foundling
children to gain citizenship.
REPORT 2024
225
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