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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents