SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA Law of the Republic of Indonesia on Citizenship of the Republic of Indonesia (2006), persons residing outside of Indonesia for a period of more than five years without registration lost their Indonesian citizenship (with no inbuilt protection from statelessness). In 2006, Indonesia’s citizenship law was reformed to make sure that statelessness would no longer occur in this way and to offer those who had lost Indonesian nationality a way to reacquire it. However, a mapping study conducted by UNHCR and the governments of Indonesia and the Philippines in 2012 and 2013 revealed that more than 6,000 people of Indonesian descent still had undetermined nationality in the southern Philippines.3003 The status of almost all identified population has been resolved,3004 still leaving as many as 4,000 persons not reached or identified yet for the mapping of their citizenship status.3005 Administrative barriers Administrative and practical barriers to accessing birth registration have placed as many as 130,000 Sama Bajau (Bajut Laut) community members at risk of statelessness.3006 As noted previously in our Malaysia chapter, the sea-faring populations' semi-nomadic lifestyle and residence across the borders of multiple countries combined with their lack of civil registration documentation places them at risk of statelessness.3007 Birth registration rates have been recorded to be as low as 38% in the Bangsamoro Autonomous Region of Muslim Mindanao – compared to the reported national rate of 92% as of 20173008 — with children in this region, especially those displaced due to armed conflict in the region at risk of statelessness.3009 It must be noted that birth Birth registration rates have been recorded to be as low as 38% in the Bangsamoro Autonomous Region of Muslim Mindanao – compared to the reported national rate of 92% as of 2017 — with children in this region, especially those displaced due to armed conflict in the region at risk of statelessness. 260 SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA registration is not a mode of acquiring citizenship. Birth registration is evidence of citizenship. Birth certificates are accorded high evidentiary value3010 and are a vital marker of identity3011, especially citizenship acquired by birth. Philippine law provides that acts and events concerning the civil status of persons, including birth and nationality,3012 must be recorded in the civil register,3013 through the local civil registrar.3014 Birth is registered upon the declaration of the physician or midwife in attendance at the birth or, in default thereof, the declaration of either parent of the newborn child.3015 Such declaration is sent to the local civil registrar not later than 30 days after the birth, by the physician, or midwife in attendance at the birth or by either parent of the newly born child.3016 One of the facts declared by such persons and contained in a birth certificate issued upon registration is the infant’s nationality.3017 Upon registration, the local civil registrar issues the birth certificate, which already contains information regarding a person’s nationality,3018 rather than a separate citizenship certificate.3019 Birth registration is a prerequisite in acquiring a certification of a person’s citizenship, i.e., the birth certificate. Philippine citizenship may be determined by birth on the basis of blood relationship. The Philippine Constitution provides that those whose father or mother are citizens of the Philippines3020 or those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority,3021 are Filipino citizens. A prima facie proof of a person’s filiation is his or her birth certificate.3022 Therefore, while birth registration may not be vital in acquiring citizenship, it is a piece of supporting evidence of acquiring citizenship. Consequently, children with unregistered births are at risk of being stateless due to lack of evidence as to proof of their filiation.3023 Birth registration is a prerequisite in acquiring a certification of a person’s citizenship, i.e., the birth certificate. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Singapore Laws Citizenship Law Jus sanguinis and jus soli provisions Singaporean citizenship legislation, covered by the Constitution of the Republic of Singapore, operates mostly through jus sanguinis principles with some differentiation between persons born within or outside of the state. Individuals born in Singapore are considered citizens by birth if at least one of their parents is a citizen of Singapore.3024 Children born to two parents who are not citizens of Singapore will not be citizens; however, eligibility in this case can be left to the discretion of the government.3025 Foundlings are considered to be Singaporean citizens at birth.3026 There is no definition or explicit mention of a stateless person or statelessness in the citizenship legislation of Singapore. Singaporean citizenship legislation, covered by the Constitution of the Republic of Singapore, operates mostly through jus sanguinis principles Citizens are able to confer their nationality to their children even if their child is born outside of the territory of Singapore. However, children born outside of Singapore are considered citizens by descent and can only acquire citizenship of Singapore if either of their parents is a citizen by birth, by descent, or citizens by descent who have met certain residence requirements. Prior to a 2004 amendment to the Constitution, citizenship by descent could only be conferred by the father of a child, who was himself a citizen by birth or registration, not descent.3027 Additionally, the births of children outside of Singapore must be registered before they gain Singaporean citizenship by descent, and such children will cease to be citizens if they do not take Singapore’s Oath of Renunciation, Allegiance and Loyalty3028 within one year of their 21st birthday.3029 Foundlings are considered to be Singaporean citizens at birth. It is important to note that Singapore’s citizenship legislation still contains some gender-discriminatory provisions. The law provides that children born in Singapore whose father (not REPORT 2024 261

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents