REGIONAL OVERVIEW be Brunei citizens.90 However, the same provision does not exist with regards to Bruneian men. Where States do not allow citizenship, the process of renunciation of citizenship upon acquisition of another one (whether it be a foreign citizen applying in the country (naturalization) or a citizen of the country applying in a foreign country) may result in statelessness if there is an absence of protective legislation. For example, the laws of 10 States in the region have renunciation processes which may cause statelessness for certain individuals, including Bhutan, Kiribati, Japan, Laos, Marshall Islands, Micronesia, Mongolia, Nepal, Solomon Islands, and Tajikistan91. In Bhutan92, Laos93, Japan94, Micronesia95, the Marshall Islands96, Mongolia97, Nepal98, and Tajikistan99, naturalization applicants must endure an indefinite period of statelessness throughout the application process as they must renounce prior citizenship before making the application. Applicants must renounce their prior citizenship not only before the application process, but before accruing the required years of residence to be eligible for naturalization in Kiribati and Solomon Islands (for foreign spouses). For applicants to Kiribati, this means enduring 10 years of statelessness before hearing of the application’s decision.100 Similarly, in order for foreign women spouses of a Solomon Islands citizen to gain citizenship, they must renounce any prior citizenship and be a resident for two years before they can apply for Solomon Islands citizenship.101 Where States require renunciation of citizenship upon acquisition of another citizenship, it is important to include procedural and legislative safeguards that prevent 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”.102 4 States in 24 REGIONAL OVERVIEW the Asia-Pacific (Kyrgyzstan103, South Korea104, Tuvalu105, and Uzbekistan106) do have some legal safeguards regarding the process of renunciation. However, in Uzbekistan these safeguards are only for descendents of an Uzbek citizen, who will receive a letter of guarantee of citizenship for one year during which they must renounce prior citizenship.107 Treaty ratification status Treaty ratification is varied and inconsistent across the Asia-Pacific. Only 7 of the 45 countries in the Asia-Pacific (Australia, Fiji, Hong Kong, Kiribati, the Philippines, South Korea, and Turkmenistan) have accessioned to the Convention relating to the Status of Stateless Persons (‘1954 Convention’),108 five of the 45 States (Australia, Kiribati, New Zealand, the Philippines, and Turkmenistan)109 to the Convention on the Reduction of Stateless Persons (‘1961 Convention’), and four to both treaties (Australia, Kiribati, the Philippines, and Turkmenistan). The region sees a slightly higher rate of accession to the 1951 Convention relating to the Status of Refugees (‘Refugee Convention’), with 19 countries (Afghanistan, Australia, Cambodia, China, Fiji, Japan, Kazakhstan, Kyrgyzstan, Nauru, New Zealand, Papua New Guinea, the Philippines, Samoa, Solomon Islands, South Korea, Tajikistan, Timor-Leste, Turkmenistan and Tuvalu) in the region having accessioned to the treaty and its 1967 Refugee Convention Protocol.110 The key human rights treaties generally see a higher rate of ratification across the region than the Statelessness and Refugee Conventions. There is universal accession to the CRC (45 of 45 States), with Malaysia retaining a reservation with respect to Article 7 which provides the right to a nationality.111 Near universal accession to the CEDAW (43 of 45 States, Palau and Tonga being the two notable exceptions) exist in the region, with three States (Brunei, Malaysia, and South Korea) maintaining a reservation to article 9(2) STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) which provides women with equal rights regarding the nationality of their children.112 Over two-thirds of the States have accessioned to the other relevant human rights treaties and covenants. 32 of 45 States are party to the ICCPR (Afghanistan, Australia, Bangladesh, Cambodia, Fiji, India, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Laos, Maldives, Marshall Islands, Mongolia, Nepal, New Zealand, North Korea, Pakistan, Papua New Guinea, the Philippines, Samoa, South Korea, Sri Lanka, Tajikistan, Thailand, Timor-Leste, Turkmenistan, Uzbekistan, Vanuatu and Vietnam).113 33 of 45 States are party to the ICESCR (Afghanistan, Australia, Bangladesh, Cambodia, China, Fiji, India, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Laos, Maldives, Marshall Islands, Mongolia, Myanmar, Nepal, New Zealand, North Korea, Pakistan, Papua New Guinea, the Philippines, Solomon Islands, South Korea, Sri Lanka, Tajikistan, Thailand, Timor-Leste, Turkmenistan, Uzbekistan and Vietnam).114 33 States are also party to the ICERD (Afghanistan, Australia, Bangladesh, Cambodia, China, Fiji, India, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Laos, Maldives, Marshall Islands, Mongolia, Nepal, New Zealand, Pakistan, Papua New Guinea, the Philippines, Singapore, Solomon Islands, South Korea, Sri Lanka, Tajikistan, Thailand, Timor-Leste, Tonga, Turkmenistan, Uzbekistan, and Vietnam).115 The variance between levels of ratification is notable. Three States (Australia, the Philippines, and Turkmenistan) are parties to all relevant conventions and three have ratified almost all the treaties (Fiji, New Zealand, and South Korea). In contrast, Bhutan, Brunei, Malaysia, Micronesia, Palau and Tonga can be seen to have the lowest levels of ratification. Palau has the lowest level of treaty accession of any State in the Asia-Pacific, being party only to the CRC. Malaysia, while a party to two conventions (the CRC and CEDAW) has reservations to the relevant articles that protect the right to nationality. Brunei, similarly, is a party to only two conventions (CRC and CEDAW) and retains reservations to one of those two conventions (CEDAW). The variance between levels of ratification is notable. Three States (Australia, the Philippines, and Turkmenistan) are parties to all relevant conventions and three have ratified almost all the treaties (Fiji, New Zealand, and South Korea). Population Reported stateless persons The Institute on Statelessness and Inclusion (ISI) estimates that there are at least 15 million stateless people globally.116 However, under reporting has been recognised by UNHCR as a major issue noting that their own estimate of 5.1 million stateless people globally is likely far below the true figure stating that: [T]he global figure remains an undercount as data on stateless populations or those of undetermined nationality is missing or incomplete for many countries, including some with known stateless populations. The lack of reliable quantitative data continues to pose challenges to effectively address statelessness and advocate for solutions.117 Noting these limitations, according to UNHCR’s Global Trends Report 2022 (published in June 2023), over half of the world’s 5.1 million stateless persons reside in the Asia-Pacific region.118 In 2022, nearly 2.5 million stateless persons were reported to UNHCR by countries in the region.119 Between 2020 and 2021 the number of reported REPORT 2024 25