SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
stateless.2907 Since dual nationality is prohibited in
Myanmar, many people could become stateless as
a result of revocation of citizenship.2908
Administrative barriers
Aside from discriminatory legislation and lack of
legal safeguards, corruption perpetuates the issue
of statelessness in Myanmar.2909 The processing of
citizenship applications has lacked transparency
and consistency.2910 In some cases, citizenship
applications have required Rohingyas to have
their ethnicity listed as ‘Bengali’, which is not
only a stigmatizing term, but can lead to denial of
citizenship as ‘Bengali’ is not included on the list of
135 ethnic groups.2911
Field research has shown that both majority
and minority ethnicities experience difficulties
in processing citizenship applications, including
having to pay bribes to the Ministry of Labour,
Immigration and Population (MoLIP), attend
several appointments with MoLIP, and provide
extensive documentation of their identity, their
parents’ identities, and their grandparents’
identities in order to process an application.2912
It is extremely difficult for poor communities
to be able to fulfil these requirements of this
process, effectively excluding them from
accessing citizenship.2913 Muslims are particularly
targeted for being forced to pay higher charges
for citizenship applications.2914 While legislation
stipulates that the fee for a citizenship card costs
around 4 cents in USD, Rohingyas have been
reported to pay upwards of 350-420 USD.2915
The extensive documentation required for the
process also excludes a third of the population in
Myanmar (54% being women) who do not possess
a legal identity or identity documentation.2916
In the past decades the provision and withdrawal
of civil registration documents has been
complex, discriminatory, and a key component
of the persecution of the Rohingya population
in Myanmar.2917 It has been argued that it is the
254
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
Aside from discriminatory legislation and lack of
legal safeguards, corruption perpetuates the issue
of statelessness in Myanmar. The processing of
citizenship applications has lacked transparency and
consistency. In some cases, citizenship applications
have required Rohingyas to have their ethnicity listed
as ‘Bengali’, which is not only a stigmatizing term,
but can lead to denial of citizenship as ‘Bengali’ is not
included on the list of 135 ethnic groups.
implementation of the 1982 Citizenship Law and the
failure of the government of Myanmar to facilitate
the naturalization of Rohingya populations, and
the degradation of the documented status of
Rohingya that is also a key cause of statelessness
within Myanmar (not simply the discriminatory
law alone).2918
The CRC identified that administrative barriers
such as lack of awareness of “the importance of
birth registration; a non-user-friendly system;
a lengthy process to obtaining birth certificates
at the township level; unofficial fees associated
with the birth registration system; the existence
of the local order restricting marriages for
Rohingya people; and the practice aimed at
reducing the number of their children” contribute
to a large number of Rohingya children remaining
unregistered.2919 Children born to parents
of unregistered marriages are considered
illegitimate and are excluded from receiving
official documentation.2920 Administrative barriers
to marriage registration, such as lengthiness
of the process, corruption and discrimination,
have lowered access to marriage registration for
many Rohingyas.2921 The inability to register a
marriage perpetuates the lack of registration for
Rohingya children and has led to women resorting
to dangerous abortions and couples fleeing the
country.2922
People living in remote areas in Myanmar
also experience barriers to accessing birth
registration.2923 Myanmar’s birth registration rate
was reported to UNICEF as 81% as of 2016.2924
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Philippines
Laws
Citizenship Law
Jus sanguinis provisions
The citizenship law of the Philippines operates through a
jus sanguinis structure with children born to a citizen parent
or parents within or outside of the territory considered
citizens.2925
Naturalized citizenship
In March 2022, the Supreme Court of the Philippines
introduced a new policy to facilitate and streamline the
naturalization of stateless persons and refugees,2926 an act
supported by several UN agencies and representatives.2927
The Rule on Facilitated Naturalization of Refugees and Stateless
Persons, the first of its kind in the world, provides both
a simplified and expedited naturalization procedure for
stateless persons and refugees.2928 Included in the Rule are
provisions ensuring protection against discrimination for
refugees and stateless persons2929 and protecting family unity
of refugees and stateless persons2930. A stateless person or
refugee is eligible to apply for naturalized citizenship through
this process if they have resided in the Philippines for at
least 10 years, are financially stable, of good moral character,
and can speak and write in one of the principal Philippine
languages.2931 Under the Rule, a joint petition may be filed by
a refugee or stateless person together with his or her spouse
and children.2932 The Rule also provides that unaccompanied
minors may apply for citizenship with the aid of governmental
agencies, such as the Department of Social Welfare and
Development (DSWD) or other relevant agencies.2933 This is
in line with the Philippines's commitment to uphold children's
right to nationality under international agreements.2934 It
appears that no petition has yet been filed under the Rule as
of May 2022,2935 but it is said that more than 800 people are
expected to benefit from it.2936
The Rule on Facilitated Naturalization of Refugees and Stateless
Persons, the first of its kind in the world, provides both a simplified and
expedited naturalization procedure for stateless persons and refugees.
REPORT 2024
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