4
Analysis from the East-West Center
system of fixed territorial links struggle to capture
the particularities of such populations, who have
lived mobile lifestyles for centuries.19 As a result
of their past or present mobile lifestyle and ongoing discrimination, many Moken and Bajau Laut
communities are not recognized as citizens by the
states on whose territory they live.20
Inadequate legal safeguards. Laws in many
states in the region have insufficient safeguards
to prevent legal identity problems or statelessness. This is especially true of nationality laws.
Many states’ laws permit loss or withdrawal of
nationality on various grounds, including provisions allowing citizens to voluntarily renounce
their citizenship even if they are rendered stateless. This has caused statelessness in cross-border
marriages, such as those between Vietnamese
women and foreign men coming mainly from East
Asia. Many Vietnamese brides became stateless
when they had to renounce their own citizenship
in order to acquire the nationality of their foreign
husbands, but failed to attain a new nationality.21
Children are disproportionately affected by inadequate legal safeguards, more so if the parents are
unknown. Protections for foundlings is absent in
the nationality laws of a number of countries in
the region.22
The Thai
government has
committed to
achieving ‘zero
statelessness’ and
the Philippines
has launched a
National Action
Plan to end
statelessness by
2024. However,
other governments
remain reluctant
to take action
Responses to Statelessness and Other
Legal Identity Problems
Large populations without access to their full
social, political, and economic rights present
significant challenges to governance, social cohesion, and development. Some governments in
Southeast Asia are gradually recognizing the problem.23 For instance, in 2016, the Thai government
expressed its commitment to achieving the goal
of “zero statelessness” and, in 2017, the Philippines launched a National Action Plan to end
statelessness by 2024. However, other governments remain reluctant to take action. Given the
low accession rates to the statelessness conventions
as well as the lack of enforceable regional frameworks addressing statelessness, much of the heavy
lifting to solve the problem will have to be done
at the country level. Policy responses of states in
the region have focused on identifying affected
persons, improving civil registration, law reforms,
facilitating naturalization, and building new digital identification systems.
Identifying affected individuals and groups.
Data on stateless persons or those without proof of
legal identity are hard to come by due to, among
other factors, lack of commonly agreed definitions,
logistical barriers, or simply lack of political will to
address the problem. This leads to insufficient or
inaccurate statistical information and impedes the
formulation of effective policies. Yet, there are also
positive examples in the region, such as Thailand,
the Philippines, and Malaysia, where both government and NGO-led initiatives to identify stateless
or at-risk persons led to an improvement in the
level of data on affected populations.
In 2005, the Thai government adopted the
“National Strategy on Administration of Legal
Status and the Rights of Persons” with the objective of ensuring that non-nationals obtain a legal
status. The strategy covered both long-term resident stateless populations and undocumented
migrant workers. Together with an amendment
to the civil registration act, in 2008, this now
allows stateless or undocumented persons to be
recorded by the authorities and issued an identity document, which enables them to access basic
rights such as health care. For undocumented
migrant workers and their children, Thailand
established a cross-border nationality verification
scheme in cooperation with countries of origin,
especially Cambodia, Lao PDR, and Myanmar.24
The Philippines offers another example of
cross-border collaboration on identifying stateless
populations. There, the government, in partnership with the Indonesian government, carried out
a mapping exercise, from 2012 to 2014, to resolve
the citizenship status of thousands of long-term
residents of Indonesian descent. By 2019, more
than 90 percent of the 8,745 registered individuals
had their citizenship confirmed.25 The Philippines
has also established, in 2012, a statelessness determination procedure. As the only state in the region
thus far to have established such a mechanism, it
enables the identification and recognition of stateless individuals, in accordance with the country’s