SUB-REGIONAL OVERVIEW: EAST ASIA risk of statelessness of children of undocumented migrants and out-of-wedlock relationships runs high as the consulate of the migrants in several cases, have refused to register births of their children due to the “unlawful” residential status of the parent.1194 Citizenship stripping Citizenship stripping has fundamentally affected foreign spouses within South Korea in instances where their marriage is determined to be a ‘sham’. Prior to 2010, South Korea did not allow for dual citizenship in any form, with marriage migrants having to relinquish citizenship prior to being naturalized in South Korea. A number of marriage migrants were subsequently stripped of their citizenship and rendered stateless within South Korea, with minimal to no avenues for review.1195 Administrative barriers While South Korea has reported a birth registration rate of 100% to the UN Statistics Division,1196 birth registration in the country is only counted for citizens. The lack of inclusion of foreigners and non-citizens in legislation requiring birth registration places children born to foreign, undocumented, and stateless persons at risk of remaining unregistered, which may place them at risk of statelessness. In South Korea, foreigners, including undocumented and stateless persons, as well as single mothers experience low birth registration rates. As possession of family registration ‘is the core evidence to identify a person to be [a] national of [South Korea]’1197 barriers to children of migrants from being registered places children of undocumented migrants at a profound risk of statelessness. In June 2023, South Korea’s state audit agency discovered that 6,000 births in local hospitals were not reflected in birth registration records, of which two thirds were births of a foreign mother.1198 The US Department of State has estimated that 106 SUB-REGIONAL OVERVIEW: EAST ASIA While South Korea has reported a birth registration rate of 100% to the UN Statistics Division, birth registration in the country is only counted for citizens. there may be as many as 20,000 children born to undocumented foreigners in South Korea who are unregistered.1199 Currently, in order to register the birth of their child, foreigners in South Korea, including stateless persons, are unable to register the birth with the South Korean government and must instead register the birth at their respective embassy, which is not possible for stateless persons.1200 There is currently no legislation mandating birth registration for noncitizens of South Korea, while it is required for citizens.1201 Undocumented persons often avoid exposing their identity to their embassy, face “insurmountable administrative barriers”, or are simply denied registration by their embassy, leaving thousands of childrens’ births in South Korea unregistered.1202 A bill was proposed in August 2022 as well as June 2023 in order to address the gaps in legislation for registration of the births of foreign children, but has yet to move through to enactment.1203 The Human Rights Committee has recommended that South Korea expedite the enactment of the Bill to ensure foreigners, stateless persons, and undocumented persons access to birth registration1204. However, a different bill, the Protected Birth Bill, was passed by the National Assembly as of October 2023 and will enter into force in July 2024.1205 Despite criticism of its potential social implications, the Bill seeks to improve birth registration and better protect children by allowing anonymous births, adoption, and orphanage care as well as requiring medical institutions to report births to authorities within 14 days.1206 The US Department of State has estimated that there may be as many as 20,000 children born to undocumented foreigners in South Korea who are unregistered. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Republic of China (Taiwan) Laws Citizenship Law Taiwan provides access to nationality rights under their democratic regime.1207 The Anti-Secession Law of the People’s Republic of China (China), enacted in 2005, claims that “Taiwan is a part of China” and provides for the use of non-peaceful means taken by China to achieve unification.1208 Taiwan’s official position on the Law explicitly states that “the Republic of China is a sovereign and independent state” and that “according to the principles of sovereignty and self-determination as stated in the UN Charter, the sovereignty of Taiwan belongs to its 23 million people”.1209 Due to the fact that the Anti-Secession Law is a domestic law of China and Taiwan does not fall into the jurisdiction of China, the Law is not applicable to Taiwan.1210 Taiwan has called on the international community to “safeguard Taiwan’s right to exist in the international community".1211 Due to the fact that the Anti-Secession Law is a domestic law of China and Taiwan does not fall into the jurisdiction of China, the Law is not applicable to Taiwan. Taiwan has called on the international community to “safeguard Taiwan’s right to exist in the international community". Jus sanguinis and jus soli provisions Taiwan does not hold a concept of citizenship, but rather the system works on the concept of nationality. According to the Nationality Act of Taiwan, children born to one Taiwanese parent will be a national regardless of their birthplace.1212 Nationals are afforded different rights based on whether they do or do not hold ‘Household Registration’, as stipulated by the Immigration Act.1213 Those individuals who hold a ‘Household Registration’ have access to complete residential and voting rights in Taiwan.1214 The Immigration Act was amended on January 1, 2024, making the process of acquiring nationality to those with Taiwanese parents easier. The new rules provide that for those individuals born in Taiwan to at least one Taiwanese parent and left the country without Household Registration or those individuals born overseas to a parent who holds Household REPORT 2024 107