SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA In Indonesia, children born to parents with an unclear citizenship status, newborn children found in Indonesia with unknown parents, and children born in Indonesia when both parents lack citizenship or their existence is unknown can also obtain citizenship by birth.2422 Of particular note, the citizenship law of Malaysia contains gender discriminatory provisions barring women from transferring their nationality onto their children if they are born outside of the territory of Malaysia.2423 The citizenship law of Singapore also contains gender discriminatory provisions which limit the ability of mothers to confer citizenship onto children born in the State whose fathers are diplomats or members of foreign forces during times of war.2424 The laws of five States (Brunei, Malaysia, the Philippines (for naturalized women only), Thailand and Singapore) contain gender discriminatory provisions that limit the ability of married women to confer their nationality onto foreign spouses on the same basis as men.2425 The laws of five States (Brunei, Malaysia, the Philippines (for naturalized women only), Thailand and Singapore) contain gender discriminatory provisions that limit the ability of married women to confer their nationality onto foreign spouses on the same basis as men. The interrelation between ethnicity and citizenship is notable in Southeast Asia, specifically in Brunei, Cambodia and Myanmar. Two States (Myanmar and Brunei) have ethnically defined jus sanguinis structures.2426 The citizenship laws of Brunei operate largely through jus sanguinis structure and contain both racial and gender discriminatory provisions.2427 Brunei’s citizenship laws limit persons who can gain citizenship through the operation of law to persons of certain defined ethnic groups and whose father or both parents (but not mother alone) is a citizen of Brunei.2428 Similarly, citizenship of Myanmar is 218 SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA defined largely upon ethnic ground, and through jus sanguinis principles, with citizenship available to those who are considered “nationals” or whose parents both are nationals and members of defined ethnic groups.2429 Further the citizenship legislation of Myanmar is the only legislation in the Asia-Pacific that explicitly provides for two other categories of citizenship being associate citizenship and naturalised citizenship, which the government may confer on any person ‘in the interest of the State’.2430 Eight States out of eleven States in Southeast Asia (Brunei, Cambodia, Indonesia, Loas, Thailand, Malaysia, Myanmar, and Singapore) do not provide an explicit definition of a stateless person or statelessness in their citizenship legislation. Timor-Leste’s citizenship law does include a definition of a stateless person2431; however, it is not in line with the definition provided by the 1954 Convention relating to the Status of Stateless Persons.2432 Only two States, the Philippines and Viet Nam, provide a definition of a stateless person which aligns with the definition provided by the 1954 Convention. The 1954 Convention defines a stateless person as someone “who is not considered as a national by any State under operation of its law”, which does not place the burden of proof on the stateless person.2433 However, reports of extremely long waits to hear of decisions on citizenship (5-10 years) as well as the long required residency period (20-25 years) presents a barrier to accessing citizenship through this process.2434 In Myanmar, stateless persons are not eligible for any naturalization process as the process is reserved only for people with a citizen parent or who have married a citizen.2435 In Viet Nam, there is a simplified procedure of naturalization available to stateless persons who had resided in the country for at least 20 years by 2009, which waives the requirement of all identity documents for those who do not have such documentation.2436 The Philippines provides both a simplified and expedited procedure of naturalization for stateless persons and refugees, the Rule on Facilitated Naturalization of Refugees and Stateless Persons which is the first of its kind in the world.2437 According to Article 32 of the 1954 Convention relating to the Status of Stateless Persons, naturalization should be expedited for stateless persons to “reduce as far as possible the charges and costs of such proceedings”.2438 In Myanmar, stateless persons are not eligible for any naturalization process as the process is reserved only for people with a citizen parent or who have married a citizen. Dual citizenship Eight States out of eleven States in Southeast Asia (Brunei, Cambodia, Indonesia, Loas, Thailand, Malaysia, Myanmar, and Singapore) do not provide an explicit definition of a stateless person or statelessness in their citizenship legislation. Naturalized citizenship While there is no simplified or expedited procedure available to stateless persons in 7 countries (Cambodia, Indonesia, Laos, Malaysia, Singapore, Thailand, and Timor-Leste), they may be eligible to apply for the standard naturalization procedure. In Brunei, stateless persons may also be eligible for the standard naturalization process. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Cambodia and Timor-Leste are the only States in Southeast Asia which allow dual citizenship.2439 While 5 States (Burnei, Indonesia, Malaysia, Myanmar, and Singapore) prohibit dual citizenship2440, Laos, Philippines, and Viet Nam permit it only in certain cases.2441 Dual citizenship is generally recognized for those with jus soli citizenship in Thailand, although the law tends to be inconsistently implemented.2442 Brunei’s legislation contains some gender discrimination in this context, as women who acquire foreign citizenship through marriage will cease to be Brunei citizens.2443 However, the same provision does not exist with regards to Bruneian men. Foreigners applying for naturalization in Laos may have to endure an indefinite period of temporary statelessness due to the requirement to renounce prior citizenship prior to application.2444 The renunciation process is not stipulated by legislation in Malaysia or the Philippines. The renunciation processes of all States other than Laos in Southeast Asia, where relevant, do not place persons at risk of statelessness. Article 7(1)(a) of the 1961 Convention on the Reduction of Statelessness states that State parties which allow renunciation of citizenship must ensure that “such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality”.2445 The renunciation processes of all States other than Laos in Southeast Asia, where relevant, do not place persons at risk of statelessness. Treaty ratification status There is varied ratification of treaties across Southeast Asia, with some States — including Cambodia, Indonesia, Laos, the Philippines, Thailand, Timor-Leste, and Viet Nam — having very high rates of ratification, while others — Brunei, Malaysia, Myanmar, and Singapore — very low. Three States (Cambodia, the Philippines, and Timor-Leste) are parties to the Refugee Convention and its Protocol.2446 All States are parties to CEDAW and CRC. Brunei and Malaysia notably maintain reservation to Article 9(2) of CEDAW, which provides women with equal rights regarding the nationality of their children.2447 Malaysia has also retained a reservation in respect to Article 7 of the CRC which provides the right to a nationality.2448 This Malaysia has also retained a reservation in respect to Article 7 of the CRC which provides the right to a nationality. This leaves Malaysia with minimal to no relevant international treaty-based obligations to protect or uphold a person’s right to nationality. REPORT 2024 219