SUB-REGIONAL OVERVIEW: THE PACIFIC
SUB-REGIONAL OVERVIEW: THE PACIFIC
Marshall Islands
TABLE 36
Ratification of International laws relating to statelessness by the countries the Pacific
Country
Laws
Citizenship Law
Jus sanguinis and jus soli provisions
✅
⛔
Stateless 1
⛔
Stateless 2
⛔
Refugee
⛔
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
ICCPR
✅
ICESCR
✅
ICERD
✅
CRC
CEDAW
✅
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
The citizenship law of the Marshall Islands operates through
both a limited jus soli and jus sanguinis structure.1567 Persons
born in the territory of the Marshall Islands are automatically
considered citizens if they are not entitled to any other
citizenship.1568 Regardless of birthplace, children born to at least
one citizen of the Marshall Islands are entitled to automatic
citizenship by descent.1569 There is no explicit mention or
definition of statelessness in the Marshall Islands’ citizenship
legislation.
Treaty ratification status
Population
While the Marshall Islands is not a party to either
of the Stateless Conventions nor the Refugee
Convention and its Protocol, it is a party to all
other relevant human rights treaties, making it
one of five states in the Pacific to have done so.
The Marshall Islands made no reservations on
these ratified treaty bodies.
Reported stateless persons
The citizenship law of the Marshall Islands operates through both a
limited jus soli and jus sanguinis structure.
In its 2018 concluding observations, the CRC
Committee recommended that the Marshall
Islands strengthen implementation of birth
registration procedures, introduce mobile birth
registration teams in the outer islands, increase
awareness of the importance of birth registration,
and ensure birth registration for children born to
unwed and adolescent mothers.1575 In 2020, the
Maldives in the UPR for the Marshall Islands, urged
the country to “strengthen its efforts to introduce
birth registration procedures and issuance of
birth certificates”.1576 By ratifying the CRC, the
Marshall Islands committed to ensure that every
child’s birth is registered immediately.1577
Naturalized citizenship
In order to be eligible for naturalization in the Marshall Islands,
the applicant must have been ordinarily resident in the territory
for at least 10 years, have good character, language competency
in Marshallese, respect for the customs and traditions, financial
independence, and renounced their previous citizenship.1570
No more than 10 people can be naturalized in the Marshall
Islands per year.1571 There is no simplified or expedited process
of naturalization for stateless persons or refugees. There are no
appeals for negative decisions.1572
No more than 10 people can be naturalized in the Marshall Islands
per year.
Dual citizenship
Dual citizenship is not recognized in the Marshall Islands.1573
Those applying for naturalization must first renounce their
prior citizenship in order to be eligible.1574 The requirement
to renounce prior citizenship in order to obtain Marshallese
citizenship by naturalization forces applicants into an indefinite
period of statelessness during the application processing and
places them at risk of statelessness.
136
Marshall Islands
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
In 2018, the CEDAW Committee too expressed
concerns about the phenomenon of Marshallese
women being exploited through marriage by
men looking to gain visa-free entry to the U.S.
by gaining Marshallese citizenship.1578 Typically,
these marriages end in the man filing for divorce
and claiming custody of the children once they gain
citizenship.1579 In response, the Marshall Islands
agreed to consider these recommendations.1580
The Marshall Islands have not reported any
stateless persons to UNHCR.
Other Populations of note
Citizens of the Marshall Islands possess a
Compact of Free Association with the United
States that allows for visa-free travel and
settlement within the US, however the status of
those living within the US is unclear. The Compact
was reached following nuclear testing by the
United States on several Marshallese Islands
that displaced populations and has continued to
have negative health and environmental impacts,
now as many as 30,000 Marshallese citizens
have migrated to the US.1581 While Marshallese
citizens who travelled to the US under the
compact originally received access to health care
and education, entitlement to these services is no
longer universal.1582 In 2021, UNHCR recorded
7 refugees whose country of origin was the
Marshall Islands.1583
The Compact was reached following nuclear testing
by the United States on several Marshallese Islands
that displaced populations and has continued to have
negative health and environmental impacts, now as
many as 30,000 Marshallese citizens have migrated
to the US.
REPORT 2024
137
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