SUB-REGIONAL OVERVIEW: EAST ASIA On birth registration, the Human Rights Committee in 2023 observed the issue of the requirement for foreigners to go to their respective embassy in order to register the birth of their child, making birth registration effectively unavailable for stateless persons.1155 The issue of birth registration for foreigners was also mentioned in the CERD Committee’s concluding observations in 2019.1156 The Human Rights Committee has recommended expediting the enactment of the bill on birth registration for foreign children in South Korea.1157 The CEDAW Committee stated in 2019 that the children of undocumented, unmarried migrant women are at particular risk of statelessness due to administrative and legislative barriers to birth registration.1158 As a party to both the ICCPR and the CRC, South Korea is obligated to ensure that every birth in its territory is registered immediately – not just the births of citizens.1159 In the 4th cycle UPR submission for South Korea, it was recommended that the country “establish a universal birth registration system which includes children of refugees, asylum-seekers, stateless persons, persons of undetermined nationality and undocumented persons” as well as ensure that every birth in the country is registered immediately.1160 In an effort to comply with the Global Compact on Migration, South Korea made a pledge in January 2023 for “introducing a birth registration system for foreign children” by December 31, 2026.1161 The 2019 concluding observations by the CERD Committee also included concerns regarding legislative provisions that require the passport of the mother for citizenship applications for children born out of wedlock to a foreign mother and Korean citizen father. As a result, instances where issuance of a passport to the mother is not feasible, leaves children in such a scenario unregistered.1162 In an effort to comply with the Global Compact on Migration, South Korea made a pledge in January 2023 for “introducing a birth registration system for foreign children” by December 31, 2026. 104 SUB-REGIONAL OVERVIEW: EAST ASIA It was recommended that South Korea amend the relevant provisions to remove barriers to citizenship for children born out of wedlock to a Korean citizen father and foreign mother.1163 In South Korea’s 2019 follow-up report to the CERD Committee’s concluding observations, it clarified its intentions by reporting its actions to draft a new bill to address issues with birth registration in the country.1164 It also explained that for children born out of wedlock, the ‘citizenship by acknowledgement’ provision is meant to make acquisition of citizenship easier.1165 In a follow-up report provided by a South Korean NGO Coalition, the Coalition noted that South Korea has not taken any actions to implement the recommendations provided by the Committee.1166 The Coalition also stated that the government has previously expressed that it is unsure which branch of the government is responsible for overseeing birth registration.1167 The Rappourter provided in its follow-up to this information that the ‘citizenship by acknowledgement’ provision does not remove all barriers to citizenship for children born out of wedlock to a foreign mother and Korean citizen father.1168 The Rappourter further stated that the national legislation on citizenship in South Korea, contrary to the State party’s statement, does not fully protect all children from statelessness in its territory.1169 Population Reported stateless persons In 2022, the South Korean government reported 241 stateless persons to UNHCR.1170 This represents an increase of 39 persons since 2021, when the government reported a total of 202 stateless persons.1171 The officially reported stateless population has remained around 200 persons for the past 5 years.1172 Based on entry and exit immigration data and foreign residents data, as many 10,032 stateless persons could be residing within South Korea.1173 UNHCR’s 4th STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) TABLE 28 Reported stateless persons to the UNHCR Country Republic of Korea 2019 (year start)1174 2020 (year end)1175 2021 (year end)1176 2022 (year end)1177 197 203 202 241 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. Around 33,000 defectors from North Korea entered South Korea between 1998 and 2023, 71% of which being women. cycle UPR submission for South Korea mentions that “it is generally agreed that no reliable official figures exist on the number of stateless persons in Korea”.1178 One group experiencing statelessness are ethnically Chinese defectors from North Korea who are unable to gain Korean citizenship due to ties to China.1179 Around 33,000 defectors from North Korea entered South Korea between 1998 and 2023, 71% of which being women.1180 South Korea does not recognise the legitimacy of the North Korean state and considers the entire Korean peninsula to be their territory and nationals of North Korea to be their nationals.1181 Refugees from North Korea are however required to undertake a verification process and receive a ‘decision of protection’ which enables the creation of a new family registration.1182 While most North Korean defectors are supported by government services, those who are of Chinese descent are denied refugee status and the government services that come with it.1183 As of 2021, 30 of these defectors were recognized as stateless.1184 Due to their stateless status, many have difficulty finding employment and accessing basic services.1185 Some resort to posing as a North Korean national, which has led to prolonged detention in South Korea.1186 Persons at risk of statelessness Both the CEDAW and ICERD Committees have noted with concern the barriers faced by children born to foreign parents to access birth registration and citizenship.1187 The CEDAW Committee stated in 2019 concluding observations for South Korea that the children of undocumented, unmarried migrant women are at particular risk of statelessness due to barriers to birth registration.1188 Those who are stateless and at risk of statelessness in South Korea include foreigners whose naturalized South Korean citizenship is revoked after renouncing prior citizenship, returning former nationals who were rendered stateless in Russia and Japan1189, stateless asylum seekers from North Korea and other states1190, and children born to foreigners.1191 Stateless Refugees The 2021 mapping report identified 97 Vietnamese asylum seekers (and their descendants) who arrived in South Korea during the Vietnamese war, were classified as stateless due to an administrative gap and have not yet had their status resolved.1192 Causes of Statelessness Lack of legal safeguards against childhood statelessness While foundlings as well as children born to two stateless parents have safeguards in place to apply for citizenship of South Korea, the same cannot be said for children of undocumented migrants.1193 With the lack of legal safeguards, REPORT 2024 105