SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
Administrative barriers
While there are many varied experiences and
causes of statelessness in Singapore, administrative
barriers due to a lack of documentation (which
was either lost, destroyed or never possessed)
are a major cause of statelessness, specifically
among older populations who were born in preIndependence Singapore.3088 In 2016, it was
reported by a member of Parliament that 74% of
the stateless population in Singapore were over
50 years of age.3089
While there are many varied experiences and causes
of statelessness in Singapore, administrative barriers
due to a lack of documentation (which was either lost,
destroyed or never possessed) are a major cause of
statelessness, specifically among older populations
who were born in pre-Independence Singapore.
Additionally, the criteria considered by the
Immigration & Checkpoints Authority when
evaluating applications for citizenship are
intentionally opaque. The Minister for Home
Affairs & Minister for Law, K. Shanmugam,
commented in October 2016 that “we do not
reveal the detailed criteria for granting PR and SC
as it is not in our interest to do so”.3090 However,
it is clear that “family profile” will be considered
a factor, and it is therefore likely that a birth
registration will be a piece of supporting evidence
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
for acquiring citizenship. Media reports over
the recent years raising the profile of stateless
persons have highlighted a considerable number
of profiles of people whose applications have
failed due to lack of documentation, for instance,
because of an inability to provide parents’ identity
documents due to no longer being in contact
with them, or because of an inability to provide
a birth certificate, either as a result of not being
registered at birth because parents did not provide
their marriage certificate, or simply because
it was lost.3091 These examples, of which there
are many, highlight that a lack of administrative
documentation remains an important barrier for
stateless persons seeking to obtain citizenship.
With regard to birth registration, failure to
register a child’s birth within 42 days of the date of
birth can result in a fine and/or imprisonment.3092
These late penalties present a major barrier to
ensuring universal birth registration. Further,
Singapore does not register births that occurred
overseas.3093 If a child is born overseas, the
parents must register the child’s birth and obtain
a birth certificate from the foreign authorities in
the country where the child is born.3094 Despite
these barriers, Singapore reported a 100% birth
registration rate in 2021.3095
Thailand
Laws
Citizenship Law
Jus sanguinis and jus soli provisions
Thai nationality laws, stipulated mainly by the Nationality
Act (1965), operate through jus sanguinis and limited jus soli
provisions.3096 The law provides that children born to a Thai
national parent or parents will be considered citizens no matter
the location of their birth.3097 Further, children born in Thailand
automatically acquire Thai citizenship under jus soli provisions
unless they are born to alien parents, one of whom is a temporary
resident, residing in Thailand illegally, or a diplomat.3098 In 2008,
the citizenship law was amended to remove some gender
discriminatory provisions that denied women the right to confer
citizenship to their children on an equal basis as men; however,
there still exists a discriminatory provision that is detailed in the
administrative barriers section below.3099 There is no definition
of or explicit mentioning of a stateless person or statelessness in
Thailand’s national citizenship legislation.
Thai nationality laws, stipulated mainly by the Nationality Act (1965),
operate through jus sanguinis and limited jus soli provisions.
Naturalized citizenship
Despite these barriers, Singapore reported a 100%
birth registration rate in 2021.
Aliens may apply for naturalization as Thai citizens if they have
a domicile in Thailand for at least five years before the date
of application, have knowledge of the Thai language, have a
steady occupation and good behavior.3100 A simplified process
is available to those who have provided a distinguished service
to Thailand, are a child or spouse of a Thai citizen, or previously
had Thai citizenship.3101 There is no simplified or expedited
procedure for naturalization for stateless persons or refugees
specifically.
Dual citizenship
Dual citizenship is generally recognized for those with jus
soli citizenship in Thailand, although the law tends to be
inconsistently implemented.3102 There are no requirements to
renounce prior nationality upon naturalization.
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
267
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