The Philippines’ Pledges to End Statelessness At the 2023 Global Refugee Forum, the Commission on Human Rights of the Philippines pledged its commitment to the “protection of stateless persons and persons at risk of statelessness in Sabah, through inter-[National Human Rights Institution (NHRI) Memoranda of Understanding (MoU)] on Statelessness”.2967 The inter-NHRI MoU on Statelessness seeks to improve “policy and operational frameworks to ensure protection of the rights of stateless persons and persons at risk of statelessness in Sabah through cooperation between the National Human Rights Institutions of Malaysia, Indonesia, and the Philippines”.2968 It is also intended to enhance coordination and cooperation between the “Commission on Human Rights of the Philippines, as an independent NHRI, and the Government of the Philippines in addressing issues of statelessness in Sabah with a human rights-based approach”.2969 The Government of the Philippines also submitted the below pledges during the High-Level Segment on Stateless in October 2019 where it committed:  To enhance the policy, legal, and operational framework for stateless persons to ensure their full access to rights as guaranteed by the 1954 Convention Relating to the Status of Stateless Persons including their facilitated naturalization and as may be provided by national laws.2970  To improve access of vulnerable and marginalized populations to documentation through birth and civil registration.2971  To continue the study of statelessness, with a thrust to improve qualitative and quantitative data on populations at risk of statelessness in the Philippines and among its nationals, in continuation of efforts initiated in 2011.2972  To continue the process of accession to the 1961 Convention on the Reduction of Statelessness.2973  To continue leadership in Southeast Asia in the development of a human rights framework and provide technical support to other States in dealing with issues relating to stateless persons.2974  To cooperate with UNHCR by supporting projects, continuing fund contributions, and by building or expanding partnerships.2975 SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA Undetermined nationalities One notable population of Filipinos reside outside of the Philippines but are unable to confirm their citizenship status. This including as many as 55,000-97,000 residents of Sabah2977 as well as migratory workers in Gulf countries who while largely entitled to citizenship under the jus sanguinis law of the Philippines yet are unable to prove their connection to the country.2978 Causes of Statelessness Discriminatory nationality laws A population affected by statelessness in the Philippines are persons of Japanese descent who were born in the Philippines between the 1930’s and 1970’s (as well as their descendants).2979 Previous discriminatory barriers that existed in the citizenship law of the Philippines limited the ability of Filipino mothers to transfer their nationality to their children that were born to Japanese fathers. Children were also unable to gain Japanese citizenship as administrative procedures requiring household registration were not met due to the impact of the Second World War (including the death of their father or deportation).2980 The statelessness of this population has since been largely resolved.2981 In August 2023, the Philippine government waived the fines (at times amounting to tens of thousands of dollars) previously imposed on the group as a result of decades of being deemed illegal residents, which have prevented many nikkei-jins, especially of the older generation, from being able to travel to Japan.2982 As of September 2023, it is estimated that around 400-500 secondIn August 2023, the Philippine government waived the fines (at times amounting to tens of thousands of dollars) previously imposed on the group as a result of decades of being deemed illegal residents, which have prevented many nikkei-jins, especially of the older generation, from being able to travel to Japan. generation nikkei-jins may still be left in the Philippines.2983 Surveys and interviews for nikkeijins’ Japanese citizenship acquisition are planned to be conducted in early 2024.2984 Currently, there are calls to review Commonwealth Act No. (CA) 473 or the Revised Naturalization Law which provides for what is known as “derivative naturalization”.2985 Under this law, any woman who is married to a citizen of the Philippines and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.2986 Hence, an alien woman marrying a Filipino, native born or naturalized, becomes a Filipina by operation of law provided she is not disqualified to be a citizen of the Philippines under Section 4 of CA 473.2987 Likewise, an alien woman married to an alien who is subsequently naturalized here follows the Philippine citizenship of her husband the moment he takes his oath as a Filipino citizen, provided that she does not suffer from any of the disqualifications under said Section 4.2988 Therefore, foreign women who are married to Philippine citizens do not need to prove that they possess other qualifications for naturalization at the time of their marriage nor do they have to submit themselves to judicial naturalization.2989 There does not appear to be any law granting similar ability for Philippine women to confer nationality to a foreign spouse. Lack of legal safeguards against childhood statelessness In May 2022, the Philippines introduced a law providing that foundlings discovered in the Philippines and/or in Philippine embassies, consulates and territories abroad are to be presumed natural-born Filipino citizens.2990 Therefore, foreign women who are married to Philippine citizens do not need to prove that they possess other qualifications for naturalization at the time of their marriage nor do they have to submit themselves to judicial naturalization. This law can have a notable impact due to its retroactive application2992 on thousands of children registered as foundlings in the years prior to the enactment.2993 As of December 2021, the Philippine Statistics Authority has recorded 6,580 certificates of foundlings.2994 Given the retroactive nature of the foundling law, this would mean that at least 6,580 formerly stateless children are now considered natural-born citizens. 2991 This law can have a notable impact due to its retroactive application on thousands of children registered as foundlings in the years prior to the enactment. On September 9, 2022, the Department of Social Welfare and Development (DSWD) Secretary, Erwin T. Tulfo, and the National Authority for Child Care Undersecretary led the signing of the Implementing Rules and Regulations (IRR) of Republic Act No. 11767 or the Foundling Recognition and Protection Act.2995 The IRR Act institutionalizes the process and mechanism to be followed once a foundling is discovered.2996 Under the measure, diligent and exhaustive efforts must be undertaken in determining the foundling’s facts of birth and parentage through inter-agency cooperation and the use of quad-media.2997 The IRR Act also recognizes foundlings as presumed natural-born citizens,2998 and, thus, accorded all the inherent rights of being a Filipino,2999 including the benefit of expedited adoption.3000 However, there remains to be no explicit protection for stateless children (who are not foundlings) born in the Philippines to access citizenship through administrative proceedings, which are deemed to be much simpler, inexpensive, and more expeditious.3001 Citizenship stripping While the citizenship status of the majority of the population has been largely resolved, it has been reported that there remains a small number of persons of Indonesian descent who resided in the Philippines and were stripped of their Indonesian citizenship.3002 Under the operation of Indonesia’s So far, the Philippines has been successful in ratifying the 1961 Convention on statelessness.2976 REPORT 2024 259