SUB-REGIONAL OVERVIEW: EAST ASIA
SUB-REGIONAL OVERVIEW: EAST ASIA
TABLE 20
Status of Accession of International Human Rights Treaties in East Asia
Country
People’s Republic of
China
Stateless 1
Stateless 2
Refugee
ICCPR
ICESCR
ICERD
CRC
CEDAW
⛔
⛔
✅
⛔*
✅
✅
✅
✅
* signed, but not ratified
✅
⛔
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
migrant children, adopted children and children
whose birth would put a family above the limit
of the locally “sanctioned” family size”.900 The
Committee expressed concerns regarding family
household registration (hukou), which birth
registration relates to and can be a barrier for
registration for children of migrant workers.901
It was also recommended that China abandon
the hukou system to improve access to birth
registration.902 The hukou system is a form of civil
registration which also acts as the legal basis for
personal identification.903 Children inherit the
same hukou location and categorization as their
parents and are not able to permanently reside or
exercise a variety of rights outside of their hukou
location.904
The hukou system is a form of civil registration which
also acts as the legal basis for personal identification.
Children inherit the same hukou location and
categorization as their parents and are not able to
permanently reside or exercise a variety of rights
outside of their hukou location.
Population
Reported stateless persons
China has not reported any stateless persons
to UNHCR since it began compiling such data in
2019. UNHCR has noted China as a country which
has information regarding stateless people but no
reliable data.905
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Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
Persons at risk of statelessness
Several independent articles have examined
stateless populations and those at risk of
statelessness within China, which include children
born in China to North Korean women, foreign
spouses and children excluded from the hukou
household registration system.906 As many as
30,000 children born in the territory of China
to undocumented North Korean mothers (some
of whom have been trafficked into China) and
Chinese fathers are at risk of statelessness as they
remain unregistered at birth and in the household
registration system.907 Despite having the right
to citizenship through their fathers under the
citizenship law of China,908 children frequently
remain unregistered due to their mother’s
undocumented status and potential deportation
and its repercussions on the mother and child.909
The Uyghur population, a Turkic and majority
Muslim ethnic group predominantly residing in
the Xinjiang Uyghur Autonomous Region, termed
by activists as ‘occupied East Turkistan’,910 in
northwest China, continues to face a severe risk
of statelessness due to the Chinese government's
systematic denial of passport renewal for Uyghurs
living overseas.911 Other ethnic Muslim minorities,
such as Kazakhs and Uzbeks, have also faced
similar systemic discrimination.912 More than 1
million Uyghurs, Kazakhs, and Uzbeks have been
arbitrarily detained by the Chinese government
since 2017.913 The government insists that
Uyghurs return to China for passport renewal, and
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
The Uyghur population, a Turkic and majority Muslim
ethnic group predominantly residing in the Xinjiang
Uyghur Autonomous Region, termed by activists
as ‘occupied East Turkistan’, in northwest China,
continues to face a severe risk of statelessness due
to the Chinese government's systematic denial of
passport renewal for Uyghurs living overseas.
The Tibetan population of China, historically having
faced occupation and systemic discrimination, also
experiences a significant risk of statelessness.
in regions marked by protests and dissent over
China’s occupation of Tibet.921
Undetermined nationalities
this is a dangerous proposition considering there
are many reported forced disappearances.914
Those who do not return also face living abroad
without citizenship, severely impacting their
livelihoods, freedom of movement, and ability to
establish new lives outside China.915 This denial of
passports is a strategy of control by the Chinese
government that violates international human
rights standards, rendering Uyghurs stateless in
countries where they cannot apply for refugee
status.916 Hui peoples, another Muslim ethnic
minority group, have also been recognized as
facing systemic discrimination when attempting to
apply for passports.917 The Chinese government's
discriminatory policies, treating Muslim ethnic
minorities as threats to national security, further
increases the risk of statelessness among these
populations in China.918
The Tibetan population of China, historically having
faced occupation and systemic discrimination, also
experiences a significant risk of statelessness.919
The Chinese government's stringent control over
Tibetans' movements involves the systematic
denial and recall of passports. Gaining access to
a passport is an incredibly hard task for Tibetans.
Only a minimal number of Tibetans in the Tibet
Autonomous Region and other Tibetan areas
have been issued passports, and many have
experienced the confiscation of their existing
ones.920 The denial of passport issuance is not
only an individual punishment but also extends to
families and friends, especially those associated
with political prisoners or individuals involved in
protests. This denial often comes with increased
militarization and security measures, particularly
The scale of statelessness in China is uncertain,
however the requirement to register children and
maintain registration in the household registration
system (hukou) leaves millions with an uncertain
status. China’s 2010 census showed that at least
13 million children lacked hukou registration,
preventing them from accessing the full rights of
citizens.922 This group covers both children born
to irregular migrants (discussed above) as well
as those born outside of China’s one-child policy
prior to 2016.923
Additionally, in February 2020, the National
Bureau of Statistics in China reported that 280
million people lived outside of the jurisdiction of
their household registration – which limits the
location where one can live and work — limiting
their ability to access government services and
education for children and enforce employment
and labour rights.924 While this cohort may
officially be considered Chinese nationals, their
ability to access any of the accompanying rights is
fundamentally limited.
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
A child born in the territory of China to two
stateless parents or parents with undetermined
nationality who have settled in China will be
a citizen of China.925 There are no provisions
specifically addressing foundlings in the territory.
REPORT 2024
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