Statelessness
and
climate
change
SUB-REGIONAL
OVERVIEW:
THE PACIFIC
SUB-REGIONAL OVERVIEW: THE PACIFIC
Guinean citizenship through naturalization.1352
The Immigration and Citizenship Authority
of the country has estimated that there are
between 10-15,000 Indonesian Papuans living
in the country.1353 While there have been reports
in recent years of some West Papuan refugees
accessing citizenship, this does not appear to be
universal,1354 In 2021, the US Department of State
reported that no Indonesian Papuans had been
granted citizenship that year.1355 In Kiribati, only
a person of non-I-Kiribati descent can be stripped
of Kiribati citizenship if they breach allegiance to
Kiribati, obtain nationality of another country by
voluntary act, or, if the Minister deems it necessary
for “public good”, leaving stateless persons with
no further protections.1356 Such a provision is in
violation of the 1961 Statelessness Convention as
“public good” is not an acceptable reason to deprive
a person of citizenship.1357 Naturalised citizens
of Tonga may be deprived of citizenship on very
broad grounds (including defamation of the Royal
family or any offence which involves dishonesty or
fraud) leaving them vulnerable to statelessness.1358
Administrative barriers
Administrative barriers to nationality appear to
be less prevalent in the Pacific region compared
to areas such as East Asia where household
registration plays a vital evidentiary role for
citizenship. This does not mean that administrative
barriers are non-existent, for example in Papua
New Guinea children of refugee fathers and Papua
New Guinean mothers continue to face both
legal and administrative barriers to gaining birth
certificates and citizenship.1359 Knowledge on the
administrative barriers to citizenship is limited by
our lack of country partners across the Pacific and
nuisance and contextualised understandings of
120
In several Pacific Islands States, including
Fiji1376, Marshall Islands1377, Micronesia1378,
Samoa1379, Solomon Islands1380, and Tuvalu1381,
birth registration access tends to be lower in
rural areas. Due to stigmatization towards
single mothers, children of unwed mothers
in Kiribati1382, Marshall Islands1383, Samoa1384,
Solomon Islands1385, and Tonga1386 tend to either
remain unregistered or be registered with
inaccurate information regarding the parents.
The need for a centralized and streamlined
birth registration system has been expressed
for Kiribati1387 and Micronesia1388 respectively.
Late registration fees in four States (Fiji, Kiribati,
Solomon Islands, and Tuvalu) present a barrier to
birth registration.1389 In Fiji, wealth of households
and maternal age and education level are key
factors influencing levels of birth registration
among Fijian children.1390Further, i-Taukei
speaking households also demonstrated notable
disparities in birth registration rates compared
to other groups.1391
the practical applications of laws and policies. The
lengthy citizenship application process remains
an administrative barrier in Australia, where
refugees reported waiting on average 215 days
for their application to be processed.1360
FIGURE 3
Birth registration rates of the countries in the Pacific
100%1361* (2020)
Australia
Federated States
of Micronesia
70%1362 (2015)
Fiji
86%1363 (2021)
Kiribati
92%1364 (2019)
Marshall Islands
84%1365 (2017)
Nauru
96%1366 (2013)
New Zealand
100%1367 (2021)
Palau
100%1368 (2014)
Requirement of birth registration
for citizenship acquisition
13%1369 (2018)
Papua New Guinea
Samoa
67%1370 (2020)
Solomon Islands
80%1371 (2007)
Tonga
98%1372 (2019)
Tuvalu
87%1373 (2020)
43%1374 (2013)
Vanuatu
0
20
40
60
80
* Aboriginal and Torres Strait Islander peoples’ birth registration
rate was reported at only 77.2% in the same year.1375
Source: “Data Warehouse,” UNICEF DATA; UN Statistics
Division, Coverage of Birth and Death Registration’ (February
2021)
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
100
A birth certificate can serve as a form of
evidence of citizenship in Australia1392, Fiji1393,
Kiribati1394, Nauru1395, New Zealand1396, and
Tonga1397. Marshall Islands, Micronesia, Palau,
Tuvalu, and Vanuatu do not specify whether
birth registration is required for citizenship
certification. However, in Vanuatu, 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.1398
In Papua New Guinea1399, Samoa1400, and
Solomon Islands1401, a citizenship certificate is
needed to prove citizenship.
As a region, the Pacific faces some of the greatest
risks and has seen the greatest attention regarding
the threat of climate-induced statelessness. There
are a number of articles and reports written on
the risk of statelessness faced by citizens of lowlying Pacific Island States including Kiribati, the
Marshall Islands and Tuvalu due to the impact
of climate-induced sea-level rise.1402 This risk of
statelessness from ‘disappearing States’ currently
remains a hypothetical question, with most experts
agreeing that this scenario will not inevitably lead
to statelessness.1403 Further, before any States
‘disappear’, the impacts of relocation and an
increase in displaced populations on communities
and individual’s nationality status will need to be
faced.1404 It is this displacement across borders
rather than the ‘disappearance’ of islands that poses
the greatest risk of statelessness in the future.
In Tuvalu, gaps in protective legislation against
statelessness exist with regard to naturalized
citizens subject to climate-induced displacement.
Tuvalu’s legislation on loss of citizenship includes
a provision which states that naturalized citizens
will lose their citizenship of Tuvalu if they do not
continue to comply with the requirements of
naturalization, which include remaining financially
self-supporting.1405 In the event of climate-induced
displacement, the affected person may not be
able to maintain financial self-sufficiency, making
naturalized citizens in this scenario potentially
vulnerable to deprivation of citizenship. Tuvalu
has, however, enacted new legislation in 2023
which redefines the definition of statehood for
Tuvalu.1406 The Constitution provides that the
State’s physical territory will remain the same,
regardless of rising sea levels, and establishes the
country’s intention for “responding to climate
change, which threatens the security and survival
of its people and its land”.1407
REPORT 2024
121
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