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