SUB-REGIONAL OVERVIEW: EAST ASIA
SUB-REGIONAL OVERVIEW: EAST ASIA
Caution was further displayed by the IRC in the
concluding observations for CEDAW by noting the
lack of help for non-national mothers with stateless
children by the government, particularly social and
healthcare services.
completed by the undocumented parents, making
the child stateless.1245 Statelessness in Taiwan is
also largely experienced by marriage migrants
from Southeast Asia who have had to relinquish
their citizenship of birth.1246
its concern about children of foreign and
undocumented migrants facing statelessness.
It asked the government to look into problems
of “acquisition of identity documents, residency
rights and/or access to basic services”, keeping
in mind the child’s best interest.1242 Caution was
further displayed by the IRC in the concluding
observations for CEDAW by noting the lack of
help for non-national mothers with stateless
children by the government, particularly social
and healthcare services. The Report urges the
government to provide data on the number of
stateless children in the country and the services
being provided to them, inclusive of healthcare,
education, family, among others.1243
Persons at risk of statelessness
Population
Reported stateless persons
UNHCR along with other government sources
hold no official data on the exact number of
stateless individuals in Taiwan. In 2020, while
the National Immigration Agency (NIA) assisted
729 stateless children in obtaining citizenship,
sources state that the actual number of stateless
children in the country could be as high as
10,000.1244 Research shows that children born to
undocumented migrant workers are particularly
vulnerable, for in order to escape the NIA and the
fear of deportation, the child-birth has happened
at home and the household registration is not
Taiwan is a major destination for migrant workers
in the region looking for economic opportunities,
many of whom are undocumented, often trapped
in debt bondage and victims of predatory
recruitment fees.1247 These predatory recruitment
fees trap migrant workers into an exploitative
cycle of debt which they cannot pay back with
their salary, pushing them to flee their original
exploitative employer and take illegal jobs with
harsh working conditions.1248 Such persons who
are ‘Unaccounted-For Migrant Workers’ as well
as their children experience extreme difficulty
in accessing basic rights, such as healthcare, that
are associated with citizenship.1249 It is close to
impossible for such workers, in particular, those in
marine jobs, home assistants, as well as workers
in construction industry1250 to obtain residency
as according to Article 52 of the Employment
Service Act, their employment visas are valid for
a maximum of 12 years. Children born to such
workers are potentially stateless.1251 It is estimated
that there are around 50,000 undocumented
migrant workers with unknown whereabouts who
have left from their employment with around 800
undocumented children officially. 1252
relinquish their citizenship acquired at birth.1253
‘Foreign brides’ in Taiwan lack a social support
system as many do not speak or read Chinese,
especially Mandarin.1254 The language barrier
can also cause conflicts in their everyday
life which are difficult to resolve without
a support system.1255 Additionally, ‘foreign
brides’ experience discrimination and extreme
xenophobia, being labeled a ‘social problem’ and
accused of deteriorating the quality of Taiwanese
generations to come.1256 This xenophobia largely
stems from national public self-perception of
Taiwanese people as being of ‘superior quality’.1257
While the 2016 amendments in the nationality
law of Taiwan do provide nationality to foreign
spouses through naturalisation, the concerned
individuals shall be prone to statelessness if
found undertaking a fraudulent marriage or
adoption.1258
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
There is no data available on the exact number of
stateless children in Taiwan. Children born in the
territory to unknown or stateless parents will be
granted citizenship of Taiwan.1259 As mentioned
above, children born to undocumented migrant
workers are primarily at the risk of statelessness
due to unethical recruitment practices and lack
Jus soli provisions of citizenship are only applicable in
a limited manner, providing Taiwanese nationality to
both foundlings as well as stateless children.
of protection of migrant workers from debt
bondage.1260 Jus soli provisions of citizenship are
only applicable in a limited manner, providing
Taiwanese nationality to both foundlings as well
as stateless children.1261
Citizenship Stripping
Taiwanese laws that require foreign spouses
to relinquish their previous nationality to gain
Taiwanese citizenship risk causing statelessness.
If marriages are considered fraudulent by the
Taiwanese government, the government has the
power to strip citizenship from foreign spouses,
leaving them stateless.1262
Administrative barriers
Birth registration in Taiwan is intertwined with
the Household Registration System, which
determines nationality rights including social
services, healthcare, employment, and other
welfare benefits for residents in Taiwan. Without
completing birth registration, children in Taiwan
would not be able to enjoy full nationality rights
in Taiwan.1263 This requirement puts children born
to undocumented migrants, who do not register
their children due to fear of deportation at high
risk of statelessness.1264
Such persons who are ‘Unaccounted-For Migrant
Workers’ as well as their children experience extreme
difficulty in accessing basic rights, such as healthcare,
that are associated with citizenship.
Other populations of note
In 2020, while the National Immigration Agency (NIA)
assisted 729 stateless children in obtaining citizenship,
sources state that the actual number of stateless
children in the country could be as high as 10,000.
110
Further issues of statelessness exist in the
territory of Taiwan, specifically among marriage
migrants from Southeast Asia who have had to
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
111
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