SUB-REGIONAL OVERVIEW: THE PACIFIC SUB-REGIONAL OVERVIEW: THE PACIFIC Persons born in Kiribati of I-Kiribati descent are automatically entitled to citizenship, those born in Kiribati who are not of I-Kiribati descent are automatically entitled to citizenship if they are not entitled to any other citizenship.183 Citizenship by descent is limited to children whose fathers are Kiribati citizens.184 Children born outside of Kiribati to mothers who are Kiribati citizens are not able to acquire Kiribati citizenship. In 2014, 2017 and 2018, Vanuatu, Nauru and the Solomon Islands respectively amended their citizenship laws to remove gender discriminatory provisions.185 outside of the territories.177 For these countries while jus sanguinis is the predominant means of transferal of nationality, jus soli factors come into play. For New Zealand and Samoa there is differential treatment of persons classified as citizens by descent compared to citizens via birth, with limitation on the ability of citizens by descent to confer citizenship onto their children.178 The citizenship laws of four states (Fiji, Kiribati, the Marshall Islands and Tuvalu) operate through a combined jus soli and jus sanguinis structure.179 All children born in Fiji and Tuvalu are considered citizens at birth unless one parent is a foreign diplomat and neither parent is a citizen of the relevant state.180 Children born in the Marshall Islands are automatically considered citizens if they are not entitled to any other citizenship.181 Children born to citizen parents within or outside of Fiji, the Marshall Islands and Tuvalu can also access citizenship through jus sanguinis provisions.182 Ratification of Relevant Treaties Treaty accession is highly varied across the Pacific. Australia, New Zealand and Fiji have perfect, or near perfect ratification rates. Comparatively Palau has the lowest rates of treaty accession to the relevant treaties of any state in the Asia Pacific region. Tonga, Tuvalu, Vanuatu and Samoa all have below average rates of treaty accession. No countries in the region have formalized statelessness determination procedures. Population Reported Stateless Population Only three states in the Pacific reported stateless populations to UNHCR in 2021, with a combined figure totaling 7,838 (Australia (7,700), Nauru (130) and Papua New Guinea (8)).186 In 2021 the stateless population in the region increased by 2,468, with this population increase entirely within Australia’s portion.187 FIGURE 9 Reported Stateless Persons in the Pacific Reported Stateless Population Ratification of International laws relating to statelessness by the countries the Pacific Reported Stateless Refugees Country Federated States of Micronesia Fiji Kribati Marshall Islands Nauru New Zealand Palau Papua New Guinea Samoa Solomon Islands Tonga Tuvalu Vanuatu ✅ ⛔ ⚠ Many Pacific Island states are at risk of “disappearing” or becoming uninhabitable due to climate-induced sea level rises. Extensive research has been undertaken into the impacts of climate change on statehood, citizenship and the risk of statelessness.188 Populations of Kiribati, Tuvalu and the Marshall Islands are seen to be particularly vulnerable to sea-level rises. If the entire population of these islands were displaced, UNHCR has estimated that as many as 600,000 persons may be at risk of statelessness.189 Climate change has already led some individuals to seek refuge in other nations. For example in 2021 UNHCR recorded 7 refugees whose country of origin was the Marshall Islands.190 While communities have internally (and in some instances, externally)191 relocated due to these impacts the fundamental questions regarding loss of nationality and statehood remain largely hypothetical. Undetermined Nationalities TABLE 03 Australia Persons at Risk of Statelessness 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 Signifies that the country is a party to the convention with certain reservations ✅ ⛔ ✅ ⛔ ⛔ ✅ ✅ ⛔ ✅ ✅ ✅ ⛔ ✅ ⛔ ICCPR ✅ ✅ ✅ ✅ ✅ ⛔ ✅ ⛔ ✅ ✅ ⛔ ⛔ ⛔ ✅ ICESCR ✅ ⛔ ✅ ⛔ ✅ ⛔ ✅ ⛔ ✅ ⛔ ✅ ⛔ ⛔ ⛔ ICERD ✅ ⛔ ✅ ⛔ ✅ ⛔ ✅ ⛔ ✅ ⛔ ✅ ✅ ⛔ ⛔ CRC ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ ✅ Kiribati and Vanuatu are the only states in the Pacific to have publicly available census data that captures persons of “undetermined” or “unknown” nationality, with the 2020 Censuses of each country reporting eight and 27 persons respectively.192 CEDAW ✅ ✅ ✅ ✅ ✅ ✅ ✅ ⛔ ✅ ✅ ✅ ⛔ ✅ ✅ 60000 50000 40000 30000 20000 10000 0 Australia Nauru New Zealand Papua New Guinea Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness UNHCR, ‘Global Trends: Forced Displacement in 2021’ (June 2022) As many as 10–15,000 West Papuan refugees have lived in Papua New Guinea for as long as three decades, who due to absence from West Papua have lost their Indonesian citizenship and have been unable to access Papua New Guinean citizenship through naturalization, despite possessing the right to under the law of Papua New Guinea.193 Some Australians born in Papua New Guinea prior to its independence from Australia have had their Australian citizenship questioned and applications for the renewal of passports have been denied in recent years despite living decades of their life as Australian 36 37 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC REPORT 2023