SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
Population
Reported stateless persons
Brunei reported 20,863 stateless persons to
UNHCR in 2022.2577 This is a sizable portion of
the population, which was 455,400 persons as of
2022.2578 This reported figure has remained at a
similar level for the last 10 years since the 2011
Brunei census reported 20,500 stateless persons in
the country.2579 The reported population is likely to
only include stateless persons who are regularised
and have a certificate of identity.2580 International
stakeholders noted with concern in a Joint UPR
Submission over the lack of transparency on
how the reported population data was acquired,
making it difficult to monitor how the situation
of statelessness in the country is evolving.2581 In
particular, the US Department of State reported
in its 2012 Human Rights Report for Brunei that
there could be as many as 150,000 stateless
persons in Brunei, whereas the Brunei government
again reported only around 20,000 persons.2582 The
2022 Human Rights Report also notes that recent
statistics on the stateless population in Brunei are
unreliable.2583 There is also no available data on
stateless persons without formalised residency.2584
According to the US Department of State’s 2021
Human Rights Report for Brunei, most stateless
persons in Brunei were born in the country from
families of Chinese heritage who have resided
in Brunei for multiple generations and have
permanent residence in Brunei.2585 As of 2014,
only half of the ethnic Chinese population in Brunei
Brunei reported 20,863 stateless persons to UNHCR
in 2022. This is a sizable portion of the population,
which was 455,400 persons as of 2022.
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
had acquired Brunei citizenship.2586 Barriers to their
access to citizenship include being excluded from
the eligible ethnicities for citizenship in legislation,
not being able to provide evidence of legal residence,
and inability to pass the Malay language test.2587
Persons at risk of statelessness
Children of a Brunei citizen mother and non-citizen
father are at risk of statelessness due to gender
discriminatory provisions which limit women’s
ability to confer nationality to their children on the
same basis as men.2588 Also at risk are indigenous
groups which experience significant barriers to
birth registration, including the Dusun and Iban
populations.2589 The US Department of State also
identified the foreign wives of citizens as persons
at risk of statelessness.2590 Between 2017 and
2021, 1,975 stateless persons gained citizenship,
with most of this group being foreign wives, not
ethnically Chinese persons.2591
Causes of Statelessness
Discriminatory nationality laws
As noted above Brunei’s citizenship laws contain
both racially and gender discriminatory provisions,
with Malay ethnicity and citizenship being deeply
entwined.2592 The limitation of nationality to
certain prescribed ethnic groups, or “indigenous
groups of the Malay race” is the primary cause of
statelessness in Brunei.2593
Barriers to their access to citizenship include being
excluded from the eligible ethnicities for citizenship in
legislation, not being able to provide evidence of legal
residence, and inability to pass the Malay language test.
TABLE 66
Reported stateless persons to the UNHCR
Country
Brunei Darussalam
2019 (year start)2594
2020 (year end)2595
2021 (year end)2596
2022 (year end)2597
20,863
20,863
20,863
20,863
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
230
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
As noted above Brunei’s citizenship laws contain
both racially and gender discriminatory provisions,
with Malay ethnicity and citizenship being deeply
entwined.
The largest registered stateless group in the
country is persons of Chinese heritage who are
not considered one of the prescribed groups.
Most of the affected population hold regularised
permanent residence in Brunei and hold identity
certificates that provide rights to travel, access
education and health care.2598 However, their
permanent resident status does not allow
them to hold passports, restricts freedom of
movement, excludes them from accessing fully
subsidized healthcare or higher education, and
prohibits them from owning property, land or a
business, among other restrictions.2599 Despite
the regularised status persons are still denied
citizenship and UNHCR has called on Brunei to
amend the racially discriminatory provisions with
retrospective effect.2600
Citizenship stripping
Brunei citizenship may be lost if the citizen
resides outside of Brunei for five continuous
years without providing satisfactory proof of
maintaining a “substantial connection with
Brunei”.2604 Citizenship may only be deprived
of citizens by registration or naturalization.2605
Notably, if a person who has gained citizenship
by registration or naturalization acts or speaks
in a way is “disloyal or disaffected towards His
Majesty the Sultan”, they will be stripped of Brunei
citizenship.2606 However, an individual shall not
be stripped of their citizenship according to the
law if such would lead to the individual being
stateless.2607
However, an individual shall not be stripped of their
citizenship according to the law if such would lead to
the individual being stateless.
Administrative barriers
Gender discriminatory provisions further
fundamentally limit a female citizen of Brunei
to confer nationality to her children, essentially
terming them stateless, requiring a registration
process to be undertaken for citizenship to be
recognised (whereas children born to male citizens
receive automatic citizenship).2601 Women are also
limited in their ability to confer nationality onto
foreign husbands (while male citizens of Brunei
can pass on nationality to foreign wives).2602
Stateless persons in Brunei can seek citizenship
through naturalization where certain residence
standards are met and a Malay language and
cultural test is passed.2608 However, there
are reports that persons who have met the
requirements and passed the relevant tests still
have not been granted citizenship 5 to 10 years
after completing the requirements, pointing at
administrative barriers to accessing citizenship
through this process.2609
Lack of legal safeguards against
childhood statelessness
Universal birth registration is required for
all children born in the territory of Brunei, as
stipulated by the Birth and Deaths Registration
Act (2013).2610 Brunei has reported a 100%
birth registration rate to UNICEF as of 2020.2611
Despite this, indigenous groups, including the
Dusun and Iban, experience significant barriers
to birth registration, placing them at risk of
statelessness.2612 Residing mostly in rural areas
of Brunei, access to registration is low, despite
the government’s stated efforts to improve
access.2613
The citizenship legislation of Brunei does not
provide any right to nationality for foundling
children or children born to stateless parents. It
also does not provide any safeguards to children
whose nationality will be passed by their mothers,
where albeit such children will be provided
with identity documents and will go through
an application process, but are yet considered
stateless.2603
REPORT 2024
231
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