SUB-REGIONAL OVERVIEW: THE PACIFIC
SUB-REGIONAL OVERVIEW: THE PACIFIC
regional vernacular”, and have respect for the
country’s cultures, to name a few conditions.1851
Additionally, the applicant must pass a citizenship
test in Bislama and be of good health.1852 Parliament
can attach additional conditions to eligibility and
is responsible for providing review and decisions
on applications.1853 Provided that the spouse has
given consent, the applicant’s spouse and children
may be included in the same application.1854 There
is no expedited or simplified process available to
stateless persons or refugees.
7 of the CRC.1859 On this, Vanuatu needs to
strengthen national legislation on citizenship to
ensure that children born in the territory who
do not have parents of Vanuatuan citizenship or
Ni-Vanuatuan descent do not become stateless.
Birth registration also needs to be improved to
ensure that every birth is registered immediately.
Further, as a party to the ICCPR, Vanuatu must
ensure non-discrimination of ICCPR rights
based on nationality.1860 The political restrictions
placed on dual citizens should be eliminated
to ensure that Vanuatu meets relevant ICCPR
obligations.1861
Dual citizenship
Article 13(1) of the Constitution provides that dual
citizenship is recognized by Vanuatu.1855 However,
there are some political restrictions placed on
dual citizens as detailed in Article 13(3), such as
inability to serve in a public office or participate
in Vanuatu politics.1856 These restrictions only
apply for dual citizens who have not applied for
naturalization or are not indigenous citizens.1857
Causes of Statelessness
Vanuatu, there is no explicit protection of foundling
or stateless children born on or found in the territory.
Lack of legal safeguards against
childhood statelessness
Administrative barriers
Under the laws of Vanuatu, there is no explicit
protection of foundling or stateless children
born on or found in the territory. For children
born to two stateless parents in Vanuatu, there
are currently no provisions protecting the child
from becoming stateless. This combined with
Vanuatu’s low rates of birth registration (43%)1863
could leave children vulnerable to statelessness.
While the importance of birth registration is
unknown for gaining citizenship in Vanuatu, birth
registration is low in the country, reported at only
43% in 2013.1864 An updated birth registration rate
has yet to be reported. 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.1865
Population
Reported stateless persons
To date, there has been no reported stateless
population in Vanuatu. This calls for improved data
collection and the development of a procedure for
identifying persons who are stateless in Vanuatu.
Article 13(1) of the Constitution provides that dual
citizenship is recognized by Vanuatu
Persons at risk of statelessness
Treaty ratification status
Those at risk of statelessness in Vanuatu could
include foundlings and children born to stateless
parents within the territory due to gaps in
legislation.
The only relevant treaty bodies ratified by the
Republic of Vanuatu are the ICCPR, CRC, and
CEDAW with no reservations.
Undetermined nationalities
As a party to CEDAW, Vanuatu is bound to ensure
gender equality in nationality laws.1858 Vanuatu
is also responsible for ensuring that no child
is left stateless and that births are registered
immediately in Vanuatu, according to Article
In Vanuatu’s 2020 Census, 27 non-citizen
residents in Vanuatu were categorised as having
an ‘unknown’ citizenship status.1862
TABLE 47
Ratification of International laws relating to statelessness by the countries the Pacific
Country
Vanuatu
✅
⛔
168
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)
REPORT 2024
169
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