3
Analysis from the East-West Center
that social exclusion turned into the modern legalpolitical form of “statelessness.” Today, the legal
frameworks on nationality in the region are shaped
by a prevalence of modes of attribution and acquisition of nationality that depend on the nationality
of one or both parents (known legally as jus sanguinis). Single nationality remains the norm, with
some exceptions.9
Many situations
of statelessness
have their roots
in discriminatory
regimes or
practices which
exclude certain
groups from the
citizenry
Discriminatory policies and practices. Many
situations of statelessness have their roots in
discriminatory regimes or practices which exclude
certain groups from the citizenry. It is no coincidence that 75 percent of the known stateless
populations worldwide belong to minorities.10 The
majority of stateless populations in Southeast Asia
are minorities who live in the country in which
they were born. Examples of such in situ statelessness are the Rohingya in Myanmar, so-called Hill
Tribes in Thailand, certain Vietnamese minority populations in Cambodia, or former Chinese
immigrants in Brunei. The discriminatory provisions in Myanmar’s 1982 Citizenship Law are just
the most obvious example of many in the region.11
In other contexts, laws may be well drafted but
their application has consistently shown discriminatory patterns. An example are the difficulties faced
by stateless Vietnamese populations in Cambodia
in accessing birth registration, not to mention
nationality.12
Gender-discriminatory nationality laws. A
specific form of discrimination are laws that do
not afford equal nationality rights for men and
women.13 Brunei and Malaysia are among the
countries in the region that still apply gendered
nationality laws. Under the nationality law of
Brunei, only fathers are allowed to confer nationality on their children. Such provisions have
particularly affected children born of mixed
marriages or those born outside the territory of
their state. Similarly, some states have only limited
safeguards against statelessness for children born
out of wedlock.
Deficiencies in civil registration systems.
Weak civil registration systems, including birth
registration, are another factor contributing to
statelessness or lack of proof of legal identity.14
Shortcomings in civil registration expose children
to risks of statelessness because they leave them
without proof of parentage or birth in a country, all of which constitute vital facts for claiming
nationality. The rates of birth registration vary
greatly across the region, ranging in 2014 from 62
percent in Cambodia and 67 percent in Indonesia
to 96 percent in Vietnam and 99 percent in Thailand.15 Common barriers to registration include
lack of awareness, inaccessibility of registration
systems, or corruption. Such problems particularly
affect minorities and remote communities, as well
as migrant or refugee populations, highlighting the
intersectional nature of legal identity challenges.
Cross-border mobility. Southeast Asia is a
region with rising cross-border labor migration.
It contains both countries of origin (e.g., Myanmar, Indonesia, the Philippines, and Cambodia)
and destination countries (e.g., Singapore and
Brunei), as well as countries of both origin and
destination (e.g., Thailand and Malaysia). Irregular migration outside regulatory norms has formed
around 40 percent of the total size of migration.16 Human trafficking has also been a factor
in cross-border mobility.17 Distinctions between
migrant categories, such as labor migrants, refugees, or trafficking victims, may become blurred.
Prominent examples of such mixed migration movements prompted by a multiplicity of factors occur
from Myanmar into Thailand, or from the Philippines and Indonesia into Sabah, Malaysia. A
lack of legal protection, restrictive immigration
regimes, limited rights for temporary workers, and
low registration rates among migrants often create
conditions where children grow up without proof
of legal identity, putting them at risk of statelessness.18
Historical or present mobile lifestyles. Other
legal identity problems associated with mobility
concern populations who have lived historically
mobile lifestyles. Marine mobile populations or
“sea nomads” in the region include the Moken of
the Andaman Sea of Myanmar and Thailand, and
the Bajau Laut of the Sulu Sea. State-based nationality laws and registrations systems grounded in a