5
Analysis from the East-West Center
Community-based
assistance programs
can help to overcome
fears among
affected populations
about government
registration schemes
obligations under the 1954 Convention.26
An example of governmental and nongovernmental collaboration has come from Malaysia.
This concerned the identification and registration of undocumented stateless Indians of Tamil
descent, who had migrated to Malaysia during
British colonial times. Efforts at documenting this
population had been carried out by a local NGO,
the Development of Human Resources in Rural
Areas (DHRRA), with support from UNHCR
and the Malaysian government. Since 2014,
DHRRA’s paralegal program documented the
cases of at least 12,350 individuals and assisted
with registration and nationality applications.27
The case shows how community-based assistance
programs can help to overcome fears among
affected populations about certain government
registration schemes.
Expanding civil registration. A specific form of
registration is civil registration, which records vital
events in an individual’s life, including birth and
death. Birth registration can play an important
role in preventing or reducing statelessness and
other legal identity problems, as acknowledged
through the incorporation of a birth registration
indicator for measuring the implementation of
the SDG target 16.9. Recognizing the importance
of civil registration, in 2014 states in the region
proclaimed the Asia Pacific Civil Registration
and Vital Statistics (CRVS) Decade with the goal
of improving civil registration systems by 2024,
including achieving universal birth registration.28
Further initiatives emerged from the ongoing Bali
Process on People Smuggling and Trafficking in
Persons and Related Transnational Crime, which
designed a civil registration assessment toolkit.29
These initiatives have invigorated CRVS efforts
in Southeast Asia, and most states in the region are
now aiming for universal birth registration. After
reforming its civil registration law and providing a more flexible registration system, Thailand
now has the highest birth registration rate in the
region. Vietnam and the Philippines follow closely
by recording similarly high levels of birth registration. Yet, replicating this success in other states in
the region has been challenging, especially in those
with high income disparities, such as Indonesia,
Cambodia, and Myanmar.30 Even in countries
with high registration rates, persistent pockets of
low registration exist, mostly affecting marginalized, hard-to-reach or stateless populations.
Discrimination, inequalities, hidden costs, linguistic and logistical barriers, as well as difficulties
with late birth registration, all pose challenges for
achieving universal birth registration.
Reforming laws and improving legal protections. Tackling deficient or discriminatory laws
through legislative reforms can improve protections for those affected by statelessness or a lack
of proof of legal identity. For instance, a number of
Southeast Asian states have amended their nationality laws. Indonesia’s post-Suharto nationality
law reform, in 2006, removed a differentiation
between “natives” and “non-natives” in the law and
thereby reduced barriers faced by long-term resident minorities of Chinese and Indian descent
in confirming their nationality. This law reform
also addressed the situation of Indonesian migrants
living overseas, who would no longer lose their
citizenship if that would render them stateless. In
2008, Vietnam instituted legal reforms in response
to the problems faced by women marrying
foreign nationals. The Vietnamese government
enabled restoration of Vietnamese nationality to
affected women and their children, and also enacted
a condition requiring renunciation of citizenship
to be subjected to confirmation that the applicant
had obtained a new nationality.31
While several countries in the region have
reformed their nationality laws to bring them closer
to compliance with obligations under CEDAW,
gender-discriminatory nationality laws remain
a problem in some states, especially Brunei and
Malaysia. Moreover, many children still struggle
to acquire a nationality due to the jus sanguinis
nationality laws dominant in the region, especially
when they are born to unknown or stateless parents.
A number of states have enacted laws that protect
foundlings against statelessness, including Lao
PDR, Cambodia, Indonesia, Malaysia, Singapore,
Thailand, and Vietnam. Finally, regional human
rights instruments, such the ASEAN Convention
Against Trafficking in Persons (ACTIP), have
provided entry points for developing protection
standards for some affected persons.32