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.
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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
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