SUB-REGIONAL OVERVIEW: THE PACIFIC
The entire reported stateless population in Nauru
comprises Rohingya refugees from Myanmar. Since
2012, the governments of Australia and Nauru have
had a contract allowing for Australia to utilise Nauru
as a ‘regional processing centre’ for refugees that
arrived in Australia via boat.
to utilise Nauru as a ‘regional processing centre’
for refugees that arrived in Australia via boat.1633 In
July of 2013, Australia began forcibly transferring
refugees and asylum seekers into Nauru as well
as Papua New Guinea.1634 This process has been
condemned by UN bodies, NGOs and refugee
advocates.1635 As part of this contract and a
similar contract with the government of Papua
New Guinea, more than 4,000 refugees were
sent to Nauru and Manus Island, Papua New
Guinea by the Australian government.1636 While
Manus Island Detention Centre was closed in
2016, the Australian government has signed a
deal with the government of Nauru to keep the
detention centre on Nauru open indefinitely for
future boat arrivals.1637 The last refugee on Nauru
as a part of this policy was evacuated in June of
2023.1638 At least 14 people died as a result of
this offshore processing system, half of which
were from suicide.1639 The detention facilities
have been described as ‘prison-like’. Those who
were transferred to Nauru spent at least one
year in crowded vinyl tents which reached indoor
temperatures of 45-50 degrees Celsius (113-122
degrees Fahrenheit) and subjected the detainees
to torrential rains and flooding.1640 Further,
personal items including food and sewing needles
SUB-REGIONAL OVERVIEW: THE PACIFIC
were routinely confiscated from detainees and
sanitation facilities were unsanitary and access to
them was restricted.1641
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
Nauru’s legislation provides automatic citizenship
to “a person born in the Republic on or after
31 January 1968” if they would otherwise be
stateless.1642 Therefore, stateless persons born in
Nauru have access to Nauru citizenship. Due to
the fact that stateless persons in Nauru became
stateless before arriving in Nauru, this legislation
does not effectively prevent statelessness in the
country.
Administrative barriers
As of 2013, Nauru reported a 96% birth registration
rate.1643 Nauru has consistently reported birth
registration rates over 90%, which can be attributed
to the fact that births occur predominantly in the
main hospital on the main island, which collaborates
closely with the Civil Registry Office, facilitated by
a well-established process involving the issuance
of letters to parents and financial incentives.1644
The small rate of births that remain unregistered
require further investigation.1645
As of 2013, Nauru reported a 96% birth registration
rate.
New Zealand
Laws
Citizenship Law
Jus sanguinis provisions
The citizenship laws of New Zealand operate broadly through
jus sanguinis structures. However, there is variance in treatment
of children born in and outside of the territory of New Zealand.
Children born to citizens of New Zealand in New Zealand are
considered citizens at birth.1646 Citizens at birth are able to
confer their nationality to their children, even if their child is born
outside of the territory of New Zealand.1647 However, children
born outside of New Zealand are considered citizens by descent
and can only acquire citizenship of New Zealand if their parents
are citizens by birth.1648 Children born in the territory who
would otherwise be stateless will also be granted citizenship
automatically.1649 The citizenship law of New Zealand does
contain a safeguard for children born outside of New Zealand
to citizens by descent who would otherwise be stateless.1650
Newborn foundlings are provided citizenship by birth in New
Zealand if investigations fail to find one of the child’s parents.1651
The Minister of Internal Affairs may further grant citizenship to
anyone in the territory who would otherwise be stateless.1652
No definition of statelessness is included in the citizenship
law of New Zealand, and there is no specific statelessness
determination procedure.
The citizenship laws of New Zealand operate broadly through jus
sanguinis structures.
The citizenship law of New Zealand does contain a safeguard for
children born outside of New Zealand to citizens by descent who
would otherwise be stateless. Newborn foundlings are provided
citizenship by birth in New Zealand if investigations fail to find one
of the child’s parents.
Naturalized citizenship
There is a process for naturalization available for those who
meet the eligibility requirements, which include being 16
years of age, able to legally reside in New Zealand indefinitely
144
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
145
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