SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
parents born in Indonesia are considered citizens
of Indonesia under the Law on Citizenship.2705
Although the Law on Citizenship now recognizes
both foundling children and those born to stateless
parents as citizens of Indonesia2706, the absence of
specific guidelines and procedures to ensure the
effective implementation of these provisions has
resulted in difficulties concerning verification,
documentation and access to basic rights.2707
Without a process to verify their citizenship, there
is a risk of cases where people may be denied
citizenship. Additionally, without documentation
confirming their citizenship, they may encounter
difficulties in accessing fundamental rights such,
as education, healthcare and legal protection.2708
Efforts made by the government and relevant
stakeholders to address these challenges have
been relatively limited. There is a need for an
approach that includes establishing transparent
procedures to verify citizenship, providing
necessary documentation and ensuring the
protection of rights for these individuals.
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
family members of fighters) of their citizenship,
concerns have been raised over the risk of future
statelessness faced by this population group.2710
Lao People's Democratic
Republic (Laos)
Administrative barriers
Citizenship Stripping
The main cause of statelessness in Indonesia has
been attributed by UNHCR to be administrative
barriers to birth registration2711, affecting as many
as 50 million people.2712 Concern has been raised
by a number of academics,2713 and both the CRC
and the Committee on the Protection of the Rights
of All Migrant Workers and Members of Their
Families regarding the large number of children
born in Indonesia to migrant worker parents who
have not been able to access birth registration
and risk statelessness.2714 Additionally, while
ethnically discriminatory nationality laws were
revoked in 2006,2715 some persons of Chinese and
Indian descent still face administrative barriers
to accessing citizenship due to a lack of identity
documents or where persons have identity
documents which include an incorrect recording
of their citizenship status.2716
In February 2020, the government of Indonesia
disallowed over 1,000 Indonesian citizens who
had left Indonesia and joined the Islamic State
from returning to the country.2709 While not
officially stripping these individuals (who include
The CEDAW recently commended Indonesia
for increasing the number of children with birth
certificates from 32.25% to 90.56% between 2014
and 2019.2717 Despite this, Indonesia has reported
an 81% birth registration rate as of 2022.2718
Laws
Citizenship Law
Jus sanguinis provisions
Citizenship legislation of the Lao People’s Democratic Republic
(Laos) operates through jus sanguinis provisions, as stipulated by
the Law on Lao Nationality (2004).2719 Lao citizenship provides
that children born to two citizen parents are considered citizens
regardless of their birthplace.2720 When a child has a single Lao
parent and is born in Laos they will gain automatic citizenship
by descent2721; however, if born outside of the country, at least
one parent must be a permanent resident in order for the child
to gain Lao citizenship.2722
Citizenship legislation of the Lao People’s Democratic Republic
(Laos) operates through jus sanguinis provisions, as stipulated by the
Law on Lao Nationality (2004).
While Laos’s citizenship legislation does not include a definition
of statelessness specifically, it uses the term ‘apatrid’, translated
from Lao, which constitutes an individual residing in Laos who
is not a Lao citizen and who is unable to certify their nationality,
which can be interpreted as stateless persons or persons with
undetermined nationality.2723 This does not align with the
definition provided by the 1954 Convention relating to the
Status of Stateless Persons, which determines the status of a
potential stateless person by referring to national legislation on
the citizenship of the country the person has or had ties with.2724
Naturalized citizenship
Foreigners and ‘apatrids’ can gain Lao citizenship by request.2725
To be eligible, the applicant must be continuously resident in
Lao for at least ten years, relinquish prior nationality, be able
to speak, read, and write fluently in Lao, and be financially
independent, among other requirements.2726 While stateless
persons and refugees may be eligible for this process, there is
no simplified or expedited process of naturalization available to
them.
240
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
241
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