SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA FIGURE 10 Reported Stateless Rohingya Refugees in Southeast Asia 120000 SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA either the Philippines, Malaysia or Indonesia.2498 The citizenship status of other population groups including children of returned marriage migrants in Viet Nam and2499 persons of Chinese, Indian and Nepali descent in Myanmar2500 remains uncertain. 100000 Causes of Statelessness 80000 citizenship of Malaysia.2505 Children born in Malaysia out of wedlock (or in situations where the marriage is not recognised by the State, notably non-Islamic customary or religious marriages) to a Malaysian citizen father and a mother who is stateless or whose citizenship cannot be ascertained, are also at risk of statelessness due to discriminatory provision that disallow the transfer of nationality from a father outside of wedlock. 2506 Discriminatory nationality laws 60000 40000 20000 0 Malaysia Indonesia Philippines Thailand Source: Global Trends: Forced Displacement in 2022 Stateless Refugees Four countries (Indonesia, Malaysia, Philippines and Thailand) in the region reported populations of stateless refugees to UNHCR in 2022. All of the reported stateless refugees are Rohingya from Myanmar, with Malaysia reporting the largest population (103,380), while Indonesia (925), the Philippines (11) and Thailand (321) all reported comparatively small population groups.2496 In total, the sub-region has reported 104,637 stateless Rohingya refugees. Undetermined nationalities In March 2022 the Chief Minister of Sabah, Malaysia announced that 810,443 residents of Sabah are non-citizens.2497 This group represents the largest and most notable population of undetermined nationality within Southeast Asia as disagreement exists as to whether this population are stateless or should be considered citizens of 224 As noted above, ethnicity and national identity share a deep connection within a number of States in Southeast Asia. The most conspicuous example of this is the ethnic discrimination present in the nationality law of Myanmar that has rendered hundreds of thousands of ethnic Rohingya stateless.2501 Denial of citizenship to the Rohingya, as codified in the 1982 citizenship law, has been a key component of the systemic oppression and persecution of the Rohingya people by the government and military of Myanmar prior to the 2021 military coup.2502 Additionally, ethnic discrimination affects a number of other populations in countries other than Myanmar. For example, in the process of Thai nation building in the 20th Century, Thai ethnicity and citizenship were deeply entwined. Members of nine ethnic groups often referred to as ‘hill-tribe’ or ‘highland’ communities living in the northwest of the country have faced intergenerational statelessness due to social exclusion.2503 In Brunei, limitations of nationality to certain prescribed ethnic groups, or “indigenous groups of the Malay race” is the primary cause of statelessness with the largest stateless registered stateless group being persons of Chinese heritage.2504 Gender discriminatory nationality laws place a number of children at risk of statelessness in Malaysia and Brunei. Notably, children born outside of Malaysia to Malaysian citizen mothers and foreign fathers do not immediately gain STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Gender discriminatory nationality laws place a number of children at risk of statelessness in Malaysia and Brunei. A combination of ethnic discrimination and gender discriminatory provisions also rendered stateless persons of Japanese descent who were born in the Philippines between the 1930’s and 1970’s (as well as their descendants) to Filipino mothers and Japanese fathers.2507 Some gender discrimination remains in the citizenship legislation of the Philippines, as naturalized alien women who are married to Philippine citizen men may ipso facto become a Philippine citizen through marriage; however, Philippine citizen women cannot confer nationality to a foreign spouse on the same basis as men.2508 Singapore’s citizenship law also contains some gender discriminatory provisions, where a child born in Singapore to a citizen mother and a father who is foreign diplomat will not be a citizen, despite the fact that the child should be eligible for citizenship by descent through their citizen mother.2509 The limitation on the ability of married women to confer nationality to their foreign spouse on the same basis as men2510 also constitutes gender Some gender discrimination remains in the citizenship legislation of the Philippines, as naturalized alien women who are married to Philippine citizen men may ipso facto become a Philippine citizen through marriage; however, Philippine citizen women cannot confer nationality to a foreign spouse on the same basis as men. discrimination. Singapore law’s retention of the concept of illegitimacy, as applied to children born out of wedlock, creates a discriminatory imbalance and an increased risk of statelessness for children deemed as “illegitimate”.2511 While Thailand’s 2008 amendments to its citizenship law allowed for foreign spouses to apply for Thai citizenship without the requirement of permanent residence2512, the Act still does not allow for full gender equality in the ability to confer citizenship to foreign spouses.2513 Women are also limited in their ability to confer nationality onto foreign husbands in Brunei while Brunei men are able to confer nationality to a foreign spouse.2514 Lack of legal safeguards against childhood statelessness Two States in Southeast Asia (Brunei and Myanmar) provide no protection for stateless or foundling children to gain citizenship. The citizenship laws of six States (Cambodia, Indonesia, Laos, Philippines, Singapore and Viet Nam) explicitly provide that foundling children will be considered citizens.2515 In Indonesia, there have been some implementation issues due to the absence of specific guidelines and procedures of the provisions.2516 The citizenship laws of three States (Malaysia, Thailand and Timor-Leste) provide some protection for foundling children under their law. Malaysian law considers those born in Malaysia who are not born citizens of another country to be citizens of Malaysia.2517 Timor-Leste’s citizenship laws provide that a child of ‘incognito parents’ will be considered an original citizen of Timor-Leste.2518 Foundlings can acquire Thai nationality through naturalization. However, there are many conditions of naturalization that limit many foundlings from accessing the naturalization process.2519 Two States in Southeast Asia (Brunei and Myanmar) provide no protection for stateless or foundling children to gain citizenship. REPORT 2024 225