Indonesia’s Pledges to End Statelessness SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA At the High-Level Segment on Statelessness in 2019, Indonesia pledged to:  increase the scope of operation and the provision of infrastructure related to its national citizenship registry2682  increase the utilisation of a digital platform for citizenship registry and citizenship documentations such as the issuance of birth certificate and single identity number2683  enhance cooperation with UNHCR in handling refugees and asylum seekers2684 to work with all countries, particularly the two Statelessness Conventions, to learn together, increase capacities, and exchange technology in addressing statelessness2685 income, do not have prior citizenship, and have not been convicted of a criminal offense amounting to one year or more imprisonment.2678 A stateless person may be eligible for this procedure if they meet these requirements; however there is no simplified or expedited procedure available to stateless persons and refugees. Dual citizenship Dual citizenship is not recognized in Indonesia. Foreign citizens applying for naturalization must renounce their prior citizenship upon acquiring Indonesian citizenship.2679 Citizens of Indonesia may lose their citizenship through renunciation or through the acquisition of another foreign citizenship.2680 Though there are exceptions for children under the age of 18 to maintain dual citizenship, due to the principle of jus soli which applies birthplace as the determining factor of citizenship, once the child reaches the age of 18, they must choose one citizenship.2681 as well as the risk of statelessness for children born in the territory to two foreign parents who are not eligible for nationality elsewhere.2686 In its 2022 concluding observations, the CEDAW Committee noted concerns over Article 41 of the Law on Citizenship, which “excludes children who were born to an Indonesian and a non-Indonesian parent before 2006 from obtaining Indonesian nationality”.2687 It was recommended that Indonesia amend this provision to ensure that nationality is conferred to children in this scenario.2688 As a party to the ICCPR, Indonesia is obligated to ensure the right to acquire a nationality.2689 Treaty ratification status While Indonesia has not yet ratified the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, or the 1951 Refugee Convention and its 1967 Protocol, it has ratified the ICCPR, ICESCR, ICERD, CRC, CEDAW with no relevant reservations. Further, the Committee on Migrant Workers recently expressed concern regarding a large number of unregistered births of Indonesian migrant workers abroad, particularly those born out of wedlock, which it attributed to lack of information, bureaucratic obstacles and financial barriers.2690 In 2014, the CRC Committee expressed concerns in its concluding observations regarding the requirement of indicating a child’s religion on their identity card, which could lead to discrimination, TABLE 69 SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA Population  Reported stateless persons In 2022, Indonesia reported 925 stateless persons to UNHCR.2691 The entirety of this reported population consists of stateless Rohingya refugees.2692 UNHCR also noted that there is a potentially large number of unreported nondisplaced stateless persons which there is currently no reliable data on.2693 The reported stateless population has fluctuated since the beginning of 2019, increasing by a total of 343 persons.2694 In 2022, Indonesia reported 925 stateless persons to UNHCR. The entirety of this reported population consists of stateless Rohingya refugees. English-language research into the nondisplaced stateless population in Indonesia is limited.2695 UNHCR Indonesia, however, has previously identified five population groups outside of Rohingya refugees who are affected by statelessness in Indonesia. These groups include:2696  Indonesians of Chinese Origin, due to different historical circumstances and legal complications, some Indonesians of Chinese origin are stateless.  Indonesians of Indian Origin, due historical and legal reasons where individuals of Indian origin may also be affected by statelessness in Indonesia.  Indonesian Migrant Workers who confront documentation challenges or have their citizenship status questioned may find themselves stateless.  Exiled Indonesians who were forced to leave Indonesia for political or other reasons face difficulties re-establishing their citizenship upon their return, leading to statelessness. Undocumented Chinese Migrants who are stateless Chinese individuals who have migrated to Indonesia without sufficient papers or legal standing may face statelessness. Persons at risk of statelessness A 2012 survey found that over 24 million children were living without birth certificates which the Ministry of Home Affairs in 2014 suggested that this figure may be as high as 50 million.2697 In 2021, birth registration rates were reported to the UN Statistics Department to be 78%.2698 UNHCR, treaty bodies, and academics have all expressed concern over the risk of statelessness faced by children excluded from birth registration in Indonesia.2699 A 2012 survey found that over 24 million children were living without birth certificates which the Ministry of Home Affairs in 2014 suggested that this figure may be as high as 50 million. Causes of Statelessness Lack of legal safeguards against childhood statelessness In 2006 Indonesia introduced a new citizenship law removing provisions that discriminated on both gender and ethnic grounds.2700 Under this law both foundling children and children of stateless TABLE 70 Status of Accession of International Human Rights Treaties in Southeast Asia Reported stateless persons to the UNHCR Country Indonesia ✅ ⛔ 238 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 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Country Cambodia 2019 (year start)2701 2020 (year end)2702 2021 (year end)2703 2022 (year end)2704 57,444 57,444 75,000 75,000 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. REPORT 2024 239

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