BACKGROUND
BACKGROUND
Background
NFA was formed from the work undertaken by
the Statelessness Network Asia Pacific (SNAP)
over four years to build a regional civil society
movement on addressing statelessness in the
region. In October 2020, SNAP transitioned
from a project hosted by the Malaysian NGO
Development of Human Resources for Rural Areas
(DHRRA) Malaysia to an organization registered
in Australia under the new name of Nationality
for All (NFA). To identify the strategic priorities of
NFA, we conducted a desk research of the laws and
situation of statelessness in the region. The main
purpose of the mapping exercise was to identify
countries of focus and potential partners for NFA.
After the completion of the mapping process, we
conducted consultations with some stakeholders.
Most stakeholders expressed the need for
additional research on statelessness. They shared
that a database on the status of statelessness in
the region similar to the Statelessness Index in
Europe would be helpful to their national advocacy.
Consequently, we decided to transform the
mapping report into this comprehensive report.
Rationale
Across the statelessness sector the issue of
the lack of accurate statistics and information
is prominent. In numerous consultations and
meetings held by NFA between 2020–22, the issue
of a lack of data was raised by both NGOs and UN
bodies as a key concern. UNHCR has recognized
this issue noting that their own estimate of 4.3
million stateless people globally is likely far below
the true figure. The global figure remains an under
count as data on stateless populations or those of
Persons of Undetermined Nationality is missing
or incomplete for many countries, including some
with known stateless populations. Even though
quantitative data should not be the basis to
measure the scale of the statelessness problem,
it can support the national advocacy campaigns
Methodology and Timeline
to build political will in democratic countries.
This lack of reliable quantitative data continues
to pose challenges to effectively addressing
statelessness and advocating for solutions. This
report aims to build knowledge and shed light on
the Asia-Pacific which despite underreporting,
reports the highest number of stateless people
in the world. This report also acknowledges the
existing initiatives to end statelessness and how
heavily under-resourced they are. Through this
report we hope to generate more attention and
resources for such initiatives.
Assumptions
While reporting 4.3 million stateless people
globally, UNHCR has recognized that this number
is far below the true scale of statelessness noting
that:
"Yet, the global figure remains an undercount
as data on stateless populations or those of
Persons of Undetermined Nationality is missing
or incomplete for many countries, including
some with known stateless populations. The lack
of reliable quantitative data continues to pose
challenges to effectively address statelessness
and advocate for solutions."1
The Institute on Statelessness and Inclusion
(ISI) estimates that there is at least 15 million
stateless people globally.2 From our discussions
and consultations, some of the key causes of
this lack of statistical reporting on statelessness
seem to be government hesitance and inaction
to recognize stateless communities as well as
practical difficulties of access and engaging with
stateless communities. This means that gathering
a clear picture of how many people are affected
by statelessness and where they are located is in
itself a very difficult process.
The research that underpins SEAP was
commenced in late 2020. Through this original
internal regional mapping project, we aimed to:
Provide an overview of the statelessness
situation in the Asia Pacific region.
Gain a broad understanding of the legal and
administrative frameworks as they apply to
citizenship regimes of all countries across the
Asia-Pacific region, and to begin to see the
disjunct between these regimes on paper and
in practice.
Generate more attention to the statelessness
problem in the region.
Strengthen relationships with, and gather
a database of key stakeholders at national,
regional and international levels, building on
the network members of SNAP but ensuring
that we expanded beyond our members to
include new organizations, especially those
that were previously overlooked.
Identify good practices from which we could
learn, and the needs of organizations and the
gaps in the current work being undertaken.
Identify specific countries and contexts where
NFA could focus on considering the scale
of the problem in the region and the limited
capacity of NFA.
Identify areas of collaboration among
stakeholders and areas of further research on
the issue.
Both qualitative and quantitative data was
gathered through a combination of desk research,
consultations and bilateral meetings.
Desk Research
Commenced in December 2020, desk research
was undertaken drawing on pre-existing research,
reports and national mapping projects with
the aim to review and summarize national and
regional situations of statelessness. This included
mapping relevant communities and stakeholders,
and conducting a broad analysis of legal and
administrative frameworks. Through the desk
research, NFA developed sub-regional reports
that form the basis for SEAP.
Survey and Consultations
In November 2020, NFA launched a survey on
‘Advancing Rights and Protections for Stateless
Populations, Refugees, and Communities with
Precarious Legal Status’ drafted in collaboration
with Open Society Justice Initiative (OSJI) and
Refugee Solidarity Network (RSN). The survey
aimed to gather information and connect to
stakeholders across the region. We received 47
unique responses to the survey from respondents
working across 14 different countries or regions
being: Afghanistan, Australia, Bangladesh,
Cambodia, India, Indonesia, International,
Malaysia, Myanmar, Nepal, Pakistan, Philippines,
Southeast Asia, and Thailand. Following
the survey, NFA coordinated four separate
consultations in collaboration with OSJI and RSN.
While each consultation had a specific thematic
focus, all were part of a broader examination of
good practice in the region within the framework
of “Advancing Rights and Protections for Stateless
Populations, Refugees, and Communities with
Precarious Legal Status”.
Bilateral Meetings and Partnership
Building Process
Throughout 2021, NFA conducted bilateral
consultations with potential partner organizations,
who were identified through the regional
consultation series, former SNAP members or
recommended by current contacts. NFA met with
over 30 potential partners based in a number of
countries across the Asia-Pacific region including
Bangladesh, Cambodia, India, Indonesia, Malaysia,
Nepal, Pakistan, and Thailand.
From the data gathered through this process,
in the second half of 2021, sub-regional on the
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC
REPORT 2023