SUB-REGIONAL OVERVIEW: THE PACIFIC
otherwise be stateless.1538 Kiribati’s citizenship
legislation does not fulfil this obligation due to
discrimination based on gender for conferral of
citizenship for children born in wedlock.1539 This
also breached Kiribati’s CEDAW obligation to
ensure gender equality in conferring citizenship to
children.1540 In the 2020 concluding observations
concerns and recommendations were expressed
by the CEDAW Committee for Kiribati to amend
its laws to ensure gender equality in conferral of
citizenship.1541 Kiribati was issued a letter from
the Rapporteur in March 2022 stating that the
country has yet to provide follow-up to these
concluding observations.1542 There has been no
follow-up from Kiribati on this to date.
SUB-REGIONAL OVERVIEW: THE PACIFIC
foreign citizen (re-acquisition not guaranteed),
those applying for naturalization who have
renounced prior citizenship, foundlings, and
children born in the territory to stateless and/or
foreign parents.
are not entitled to any other citizenship, should in
theory provide protection to both foundling and
stateless children.1550 However, the lack of explicit
protection may limit the applicability of these
laws.
Undetermined nationalities
Citizenship stripping
In Kiribati’s population and housing census 2020 of
the reported non-citizen population, eight persons
were reported to have “status unknown”.1546
A person of non-I-Kiribati descent can be stripped
of Kiribati citizenship if they breach allegiance
to Kiribati, obtain nationality of another country
by voluntary act, or, if the Minister deems it
necessary for “public good”.1551 There are no
protections against statelessness for those
who have lost their Kiribati citizenship in these
situations.1552 Citizenship Stripping Kiribati is also
in further violation of the 1961 Convention on
the Reduction of Statelessness as “public good”
is not an acceptable reason to deprive a person
of citizenship.1553 The Citizenship Act stated that
“an order made by the Minister [on deprivation
of citizenship] shall not be questioned or
enquired into by any court of law or be otherwise
justiciable."1554
Causes of Statelessness
Discriminatory nationality laws
Kiribati breached its obligations of the 1954
Convention relating to the Status of Stateless
Persons, particularly Article 3, which regards
non-discrimination in the implementation of
the treaty’s provisions, due to provisions which
allow men to include spouses and children in
applications for naturalization without allowing
the same for women.1543 Article 8 of the Citizenship
Act needs to be amended in order to comply with
the 1961 Convention as the provision which does
not allow citizenship deprivation for “public good”
to be included as a reasonable means for depriving
someone of citizenship in the Convention.1544
Reported stateless persons
As noted above, Kiribati is one of the five States in the
Asia-Pacific with gender discriminatory provisions
in their nationality laws that limit the ability for
women to confer nationality to their children. Only
the father is able to confer citizenship if a child is
born in wedlock1547 and children born outside of the
territory to mothers with Kiribati citizenship cannot
access citizenship automatically. The citizenship
laws of Kiribati also deny women the ability to pass
on their nationality to foreign spouses, limiting the
conferral of nationality through marriage to male
citizens of Kiribati.1548 Unlike other Pacific island
states (such as Tonga), Kiribati has a small overseas
population, with approximately 5,000 I-Kiribati’s
living in New Zealand and Australia.1549 There are
no reliable statistics on the number of persons this
provision has affected.
`Kiribati has reported no stateless persons to
UNHCR.1545
Lack of legal safeguards against
childhood statelessness
Persons at risk of statelessness
The limited jus soli provisions providing for a grant
of citizenship to children born on the territory who
Population
Due to gaps in legislation, persons at risk of
statelessness in Kiribati include children born in
wedlock to a foreign father and Kiribati citizen
mother, women who lost their citizenship as a
result of gaining citizenship from marrying a
134
The citizenship laws of Kiribati also deny women the
ability to pass on their nationality to foreign spouses,
limiting the conferral of nationality through marriage
to male citizens of Kiribati.
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Kiribati is also in further violation of the 1961
Convention on the Reduction of Statelessness as
“public good” is not an acceptable reason to deprive a
person of citizenship.
Administrative barriers
Kiribati’s reported a high birth registration rate of
92% in 2019.1555 Although Kiribati has witnessed
a significant increase in birth registration rates
since 2008 due to investment in strengthening
partnerships, challenges remain that contribute
to the remaining 8% of unregistered births.1556
Kiribati's geographical dispersion, consisting
of 33 islands spread over a vast distance, poses
challenges for capturing all births within the
country.1557 Limited and expensive transport
systems, coupled with unreliable internet
connectivity, hinder the electronic transfer of
information to a central database.1558 There
is a recognized need for a more centralized
system to manage birth registration data, and
reliance on paper-based forms for data capture,
particularly from outer islands, results in a lack
of completeness.1559 The CRC Committee also
highlighted the need to remove penalty fees for
late birth registration.1560 Approximately 20% of
birth information is estimated to be unaccounted
for due to forms not arriving on time.1561
Children of unwed mothers have a lower rate
of registration due to stigmatization of unwed
pregnancy and single mothers.1562
Kiribati’s reported a high birth registration rate of
92% in 2019.
Statelessness and climate change
There are a number of articles and reports
written on the risk of statelessness faced by
citizens of low-lying pacific states including
Kiribati due to the impact of climate-induced
sea-level rise.1563 With most of Kiribati’s land
being only two meters above sea level, the
potential impact sea-level rise could have could
be devastating.1564 Analysis has been undertaken
on the impacts of such relocation on the Banaban
communities from Kiribati who were relocated
to Rabi Island in Fiji in 1945.1565
With most of Kiribati’s land being only two meters
above sea level, the potential impact sea-level rise
could have could be devastating.
This risk of statelessness from ‘disappearing
states’ currently remains a hypothetical
question, with a number of composite parts
regarding the existence of statehood without
territory, the continuation of citizenship without
physical attachment and the potential lack of
effective governments. Further, before any
states ‘disappear’, the impacts of relocation
and an increase in displaced populations on
communities and individual’s nationality status
will need to be faced.1566
REPORT 2024
135
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