REGIONAL OVERVIEW
REGIONAL OVERVIEW
Regional Overview
Sub-regions Covered: East Asia, Central Asia,
Pacific, South Asia, Southeast Asia
Laws
Citizenship Law
Jus sanguinis and/or jus soli provisions
All citizenship laws in the Asia-Pacific region operate through
the principle of jus sanguinis, meaning that citizenship is derived
via descent. The laws of 14 of the 45 countries in the region
additionally contain jus soli, or ‘birthright citizenship’ provisions
which grant citizenship on the basis of birth on their territory
(with differing limitations). Across Asia, Bangladesh, Cambodia,
Indonesia, Pakistan, Malaysia, North Korea, Thailand, South
Korea, Taiwan, and Viet Nam’s citizenship laws include at least
one jus soli provision.41 In the Pacific, Fiji, Kiribati, Marshall Islands,
and Tuvalu have limited provisions for jus soli citizenship.42
Of the 45 States in the region, jus sanguinis provisions in 22 States
(Bangladesh, Cambodia, Fiji, Indonesia, Japan, Kyrgyzstan, the
Maldives, the Marshall Islands, Micronesia, Nauru, Palau, Papua
New Guinea, the Philippines, Taiwan43, Thailand, Timor-Leste,
Solomon Islands, South Korea, Tonga, Tuvalu, Uzbekistan, and
Vanuatu) provide that children born to a citizen parent gain
citizenship, with no distinction based upon the location of their
birth.44
In 21 States (Afghanistan, Australia, Brunei, China, Hong Kong,
India, Kazakhstan, Kiribati, Laos, Malaysia, Mongolia, Nepal,
New Zealand, North Korea, Samoa, Singapore, Sri Lanka,
Tajikistan, Turkmenistan, Pakistan and Vietnam) children can
gain nationality where a parent is a citizen of the relevant
country, however, a distinction is made between children born
within or outside of the territory.45 For these countries, while jus
sanguinis is the predominant means of transferal of nationality,
jus soli factors come into play.
The laws of two States (Bhutan and Myanmar) provide that
citizenship may be transferred to children born within or outside
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
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