SUB-REGIONAL OVERVIEW: THE PACIFIC SUB-REGIONAL OVERVIEW: THE PACIFIC Treaty ratification status before registering as a citizen of Tuvalu.1813 The requirement to renounce foreign citizenship prior to applying for naturalization could cause some people in this process to become stateless if they are refused citizenship of Tuvalu after renouncing their foreign citizenship.1814 Explicit protections preventing such instances from occurring should be included in the legislation. There are no provisions in Tuvalu’s national legislation providing a simplified procedure for stateless persons to acquire naturalized citizenship. The only international treaties ratified by Tuvalu are the 1951 Refugee Convention and its 1967 Protocol, the CRC, and CEDAW. Of which, Tuvalu has made no reservations. The CEDAW Committee has previously expressed concerns on the increasing possibility of statelessness in Tuvalu as a result of climate change.1818 Increasing rates of emigration to neighbouring countries has increased the risk and reality of displacement which can lead to statelessness.1819 It was recommended that Tuvalu develop a mitigation strategy for displacement and proactively address the potential statelessness that could arise from it.1820 It was further recommended that Tuvalu “ensure that women, including those living on the outer islands, are included and may actively participate in planning and decision making processes concerning their adoption”.1821 Tuvalu was issued two reminders by the Rapporteur in 2017 to provide follow-up information on how they have been working on these recommendations, but Tuvalu has yet to provide this information.1822 However, in the new Constitution enacted in 2023, a new definition of statehood was established for Tuvalu in light of the existential threat of climate change.1823 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”.1824 The Act also states that foreign citizens applying for naturalization must renounce their prior citizenship before registering as a citizen of Tuvalu. Dual citizenship Dual citizenship is not recognized in Tuvalu. While there is no provision explicitly stating this, the naturalization procedure in Article 6 of the Act includes a requirement to renounce prior citizenship in order to gain citizenship of Tuvalu.1815 Article 10 of the Act provides some protections from statelessness for foreign citizens renouncing their citizenship in order to gain citizenship of Tuvalu.1816 It states that if renouncing citizenship is “impracticable” or is not permitted by the other state of citizenship, the foreign citizen can instead make a declaration of intent to renounce the other state’s citizenship and do so within a defined period after receiving Tuvalu citizenship.1817 This ensures that foreign citizens going through this process do not become stateless in the process of application for Tuvalu citizenship and renunciation of other citizenship. In 2020, concluding observations by the CRC Committee noted concerns about low birth registration in the country, in particular in the outer islands.1825 The Committee recommended ensuring that everyone has access to birth registration, especially in the outer islands and for children of unmarried parents.1826 It was further recommended to remove the requirement of registration fees for late birth registration.1827 In the 2023 UPR session, Tuvalu provided that every newborn in the country is “required to be registered either at the General Registrar Office or with Local Government for those in the outer islands” and that a list of newborn babies must be sent to the Register General every 3 months.1828 As a party to CRC, Tuvalu is bound to ensure that every birth in the territory is registered immediately to prevent statelessness.1829 Country ✅ ⛔ 164 Stateless 1 ⛔ Stateless 2 ⛔ Refugee Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ✅ ICCPR ⛔ ICESCR ⛔ ICERD ⛔ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Under the law of Tuvalu, citizens who acquired citizenship through naturalisation can be deprived of citizenship through extended periods abroad.1833 The law does not provide a specific timeframe that triggers deprivation.1834 Appeals regarding citizenship decisions may be directed to the Citizenship Committee, as detailed in Article 4 of the Citizenship Act.1835 Administrative barriers Tuvalu is not included in UNHCR’s global trends report and has not, as such, reported any stateless persons to the organisation. While this may not place persons at an immediate risk of statelessness, the threats of climate induced sea-level rise and potential forced migration may expose those without identification to a greater risk of statelessness.1830 Causes of Statelessness Tuvalu has a notably low rate of birth registration, reported to the UN Statistics Division in 2020 as 50%. Population Reported stateless persons and persons at risk of statelessness Ratification of International laws relating to statelessness by the countries the Pacific Tuvalu Citizenship stripping There is no legislation which delineates whether birth registration is required for acquiring citizenship. Tuvalu has a notably low birth registration rate, reported to the UN Statistics Division in 2020 as 50%.1836 The rate of registration tends to be lower in outer islands, calling for increased attention to the implementation of registration in outer islands.1837 Tuvalu’s Births, Deaths and Marriages Registration Act stipulates that births must be registered within 10 days.1838 If a birth is not registered within 3 months of the date of birth, a fee must be paid in order to register the birth.1839 This places an unnecessary barrier to birth registration which could be a factor in the low rates of registration seen in Tuvalu. Lack of legal safeguards against childhood statelessness TABLE 46 considered to be born within the territory, there is no provision protecting such foundling children from becoming stateless.1832 There are no legal safeguards for foundlings in Tuvalu due to the requirement of having one citizen parent in order to gain citizenship by birth if born in the territory.1831 While the Constitution provides that foundling children will be Statelessness and climate change Tuvalu faces a fundamental risk from rising sealevels. Extensive research has been undertaken on the risks of statehood and the threat of statelessness caused in low-lying states including Tuvalu.1840 Climate-induced relocation places naturalized citizens at risk of losing their REPORT 2024 165