INTRODUCTION
legal advice. While included where possible,
detailed information about the implementation
of countries’ legislation is scarce due to NFA’s
limited partners and collaborators in the region
and the fact that not all country-specific data
mentioned in this report has been verified by
country stakeholders. Additionally, while this
report has endeavored to compile the most recent
legislation on citizenship for every country in the
region, English translated versions of legislative
documents were utilized, which may have lead to
discrepancies due to the potential for inaccurate
translations.
The study covers:
A comprehensive analysis of the legal
frameworks of every country in the region,
specifically;
identifying the method of acquisition of
citizenship,
naturalization and dual citizenship
requirements,
discriminatory elements, and
legal safeguards for foundlings and
children born to stateless parents.
An analysis of treaty ratification by each
state is included in this report, including
reservations by states to relevant articles
concerning access to nationality and
non-discrimination in nationality rights.
Specifically, the treaty ratification summary
covers the treaties and protocols regarding
statelessness and refugees being
Convention relating to the Status of
Stateless Persons (‘1954 Statelessness
Convention’),13
Convention on the Reduction of Statelessness
(‘1961 Statelessness Convention’), and14
Convention relating to the Status of
Refugees15 and the Protocol relating to the
Status of Refugees16 (‘Refugee Convention
and Protocol’).
The analysis will also cover the key human
rights treaties being:
14
INTRODUCTION
International Covenant on Economic, Social
and Cultural Rights (ICESCR)17
International Covenant on Civil and
Political Rights (ICCPR),18
International Convention on the Elimination
of All Forms of Racial Discrimination
(ICERD),19
Convention on the Elimination of All
Forms of Discrimination against Women
(CEDAW),20
Convention on the Rights of the Child
(CRC).21
Further, the summary compiles recent
concluding observations of the relevant
treaty bodies, relevant information from
Universal Periodic Reviews, as well as recent
pledges made by countries and CSOs relating
to statelessness.
Subregional overviews also discuss the link
between birth registration and citizenship
for every country.
The concept of birth registration in
this report has been used as a cause of
statelessness, while recognizing that
the lack of birth registration is also a
result of the existing administrative
barriers.
The report also includes a section on
stakeholders, segregated by each sub-region.
Structure of SEAP
The Second Edition of SEAP includes three
substantive elements: a regional overview,
five sub-regional overviews (with sub-regions
termed as Central Asia, East Asia, the Pacific,
South Asia and Southeast Asia), and 45 country
factsheets for every country in the Asia-Pacific.
The shortened print version consists primarily
of regional and sub-regional overviews and
analysis, while the electronic version consists of
the compiled version, inclusive of the country
factsheets above mentioned.
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Each element is comprised of four sections being:
A. Laws
B. Population
C. Causes of Statelessness
D. Stakeholders
3.
4.
5.
6.
7.
8.
Refugee Convention and Protocol24
ICESCR25
ICCPR26
ICERD27
CEDAW28
CRC.29
Laws
This section contains two elements: first, an
overview of the citizenship laws of each region,
sub-region and country, and second, the treaty
ratification rates of each region, sub-region and
country.
Citizenship laws are classified based on the means
of acquisition being jus sanguinis (citizenship
by descent/blood), jus soli (citizenship by birth/
territory) or a combination of the two. The
report makes a distinction between jus soli and
jus sanguinis modes of acquisition but recognizes
the overlap between the two principles. For
example, states where citizenship is gained via
descent and the place of an individual’s birth has
no impact on their citizenship are categorized as
solely operating through jus sanguinis. Whereas,
for states where descent functions as the means
of acquisition but there is distinction made in the
law between children born within or outside of the
country, we have noted that jus sanguinis remains
the predominant form of acquisition but that jus
soli factors do apply. This approach is followed
as, in practice, a strict distinction can be difficult
to attain between the two modes of acquisition.
The citizenship laws pertaining to naturalization
and dual citizenship are also identified in this
section with a focus on whether the process of
naturalization or acquisition of dual citizenship
may result in statelessness.
Secondly, treaty ratification of each state is
included for the eight treaties mentioned above
being:
1. 1954 Statelessness Convention22
2. 1961 Statelessness Convention23
The 1954 Stateless Convention and the Refugee
Convention and Protocol contain relevant
definitions of “stateless person” and “refugee”
(including stateless refugees), which are accepted
definitions under international law (discussed
further below). Both the 1954 and 1961 Stateless
Conventions place obligations unto states to
provide protections for stateless persons and
protections against statelessness.
The relevant human rights treaties are noted for
two key reasons: first, for the explicit protections
provided regarding the right to gain and transmit
nationality without discrimination; and second, as
the human rights protections within each treaty
largely apply to all persons in the territory of the
state, without distinction as to citizenship status.
Reservations to relevant articles concerning
citizenship in each of the covered human rights
treaties (number four to eight above) have been
noted. Countries which have signed, but not
ratified a treaty body are denoted with an asterisk.
The relevant articles providing protection of
nationality include:
ICCPR, Article 24(2)-(3):
(2) Every child shall be registered immediately
after birth and shall have a name
(3) Every child has the right to acquire a
nationality
ICERD, Article 5(d)(iii):
In compliance with the fundamental obligations
laid down in article 2 of this Convention, States
Parties undertake to prohibit and eliminate racial
discrimination in all its forms and to guarantee the
right of everyone, without distinction as to race,
REPORT 2024
15
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