SUB-REGIONAL OVERVIEW: EAST ASIA
On birth registration, the Human Rights
Committee in 2023 observed the issue of the
requirement for foreigners to go to their respective
embassy in order to register the birth of their child,
making birth registration effectively unavailable
for stateless persons.1155 The issue of birth
registration for foreigners was also mentioned in
the CERD Committee’s concluding observations
in 2019.1156 The Human Rights Committee has
recommended expediting the enactment of the
bill on birth registration for foreign children in
South Korea.1157 The CEDAW Committee stated
in 2019 that the children of undocumented,
unmarried migrant women are at particular risk of
statelessness due to administrative and legislative
barriers to birth registration.1158 As a party to
both the ICCPR and the CRC, South Korea is
obligated to ensure that every birth in its territory
is registered immediately – not just the births
of citizens.1159 In the 4th cycle UPR submission
for South Korea, it was recommended that the
country “establish a universal birth registration
system which includes children of refugees,
asylum-seekers, stateless persons, persons of
undetermined nationality and undocumented
persons” as well as ensure that every birth in the
country is registered immediately.1160 In an effort
to comply with the Global Compact on Migration,
South Korea made a pledge in January 2023
for “introducing a birth registration system for
foreign children” by December 31, 2026.1161
The 2019 concluding observations by the CERD
Committee also included concerns regarding
legislative provisions that require the passport of
the mother for citizenship applications for children
born out of wedlock to a foreign mother and
Korean citizen father. As a result, instances where
issuance of a passport to the mother is not feasible,
leaves children in such a scenario unregistered.1162
In an effort to comply with the Global Compact on
Migration, South Korea made a pledge in January
2023 for “introducing a birth registration system for
foreign children” by December 31, 2026.
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SUB-REGIONAL OVERVIEW: EAST ASIA
It was recommended that South Korea amend
the relevant provisions to remove barriers to
citizenship for children born out of wedlock to
a Korean citizen father and foreign mother.1163
In South Korea’s 2019 follow-up report to the
CERD Committee’s concluding observations, it
clarified its intentions by reporting its actions
to draft a new bill to address issues with birth
registration in the country.1164 It also explained that
for children born out of wedlock, the ‘citizenship
by acknowledgement’ provision is meant to make
acquisition of citizenship easier.1165 In a follow-up
report provided by a South Korean NGO Coalition,
the Coalition noted that South Korea has not taken
any actions to implement the recommendations
provided by the Committee.1166 The Coalition
also stated that the government has previously
expressed that it is unsure which branch of the
government is responsible for overseeing birth
registration.1167 The Rappourter provided in its
follow-up to this information that the ‘citizenship
by acknowledgement’ provision does not remove
all barriers to citizenship for children born out of
wedlock to a foreign mother and Korean citizen
father.1168 The Rappourter further stated that the
national legislation on citizenship in South Korea,
contrary to the State party’s statement, does not
fully protect all children from statelessness in its
territory.1169
Population
Reported stateless persons
In 2022, the South Korean government reported
241 stateless persons to UNHCR.1170 This
represents an increase of 39 persons since 2021,
when the government reported a total of 202
stateless persons.1171 The officially reported
stateless population has remained around 200
persons for the past 5 years.1172 Based on entry
and exit immigration data and foreign residents
data, as many 10,032 stateless persons could be
residing within South Korea.1173 UNHCR’s 4th
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
TABLE 28
Reported stateless persons to the UNHCR
Country
Republic of Korea
2019 (year start)1174
2020 (year end)1175
2021 (year end)1176
2022 (year end)1177
197
203
202
241
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
Around 33,000 defectors from North Korea entered
South Korea between 1998 and 2023, 71% of which
being women.
cycle UPR submission for South Korea mentions
that “it is generally agreed that no reliable official
figures exist on the number of stateless persons in
Korea”.1178
One group experiencing statelessness are
ethnically Chinese defectors from North Korea
who are unable to gain Korean citizenship due
to ties to China.1179 Around 33,000 defectors
from North Korea entered South Korea between
1998 and 2023, 71% of which being women.1180
South Korea does not recognise the legitimacy
of the North Korean state and considers the
entire Korean peninsula to be their territory and
nationals of North Korea to be their nationals.1181
Refugees from North Korea are however required
to undertake a verification process and receive a
‘decision of protection’ which enables the creation
of a new family registration.1182 While most North
Korean defectors are supported by government
services, those who are of Chinese descent are
denied refugee status and the government services
that come with it.1183 As of 2021, 30 of these
defectors were recognized as stateless.1184 Due to
their stateless status, many have difficulty finding
employment and accessing basic services.1185 Some
resort to posing as a North Korean national, which
has led to prolonged detention in South Korea.1186
Persons at risk of statelessness
Both the CEDAW and ICERD Committees have
noted with concern the barriers faced by children
born to foreign parents to access birth registration
and citizenship.1187 The CEDAW Committee
stated in 2019 concluding observations for
South Korea that the children of undocumented,
unmarried migrant women are at particular
risk of statelessness due to barriers to birth
registration.1188
Those who are stateless and at risk of
statelessness in South Korea include foreigners
whose naturalized South Korean citizenship
is revoked after renouncing prior citizenship,
returning former nationals who were rendered
stateless in Russia and Japan1189, stateless asylum
seekers from North Korea and other states1190,
and children born to foreigners.1191
Stateless Refugees
The 2021 mapping report identified 97
Vietnamese asylum seekers (and their
descendants) who arrived in South Korea during
the Vietnamese war, were classified as stateless
due to an administrative gap and have not yet had
their status resolved.1192
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
While foundlings as well as children born to two
stateless parents have safeguards in place to
apply for citizenship of South Korea, the same
cannot be said for children of undocumented
migrants.1193 With the lack of legal safeguards,
REPORT 2024
105
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