6
Analysis from the East-West Center
Following a global
trend, many states
in Southeast
Asia have been
making use of new
technologies to
implement digital
identification
management
systems
Reducing statelessness through naturalization.
Given the scale of statelessness in Southeast Asia,
prevention alone will not suffice to reduce it.
One solution entails facilitating the acquisition
of nationality either through naturalization or
recognition of another robust legal status in the
countries where affected populations reside. This
is particularly true for cases of in situ statelessness,
where the only viable solution is the acquisition
of the nationality of the country in which people
have resided for generations. Effective responses
to situations of in situ statelessness, such as
in Myanmar and Cambodia, have yet to be
developed. Since 2015, Cambodia has embarked
on a census among its Vietnamese minority
population, although it remains unclear whether
this will result in a pathway to Cambodian
nationality or a new legal status with better
protections than currently available.33
Vietnam provides an example for how situations of long-term refugee populations of undetermined nationality could be resolved. During the
1970s, hundreds of thousands of refugees fled from
atrocities in neighboring Cambodia. More than
10,000 refugees, who were not considered nationals by the Cambodian government, remained in
Vietnam. After living more than three decades
in limbo, the Vietnamese government eventually
considered naturalization for the remaining population. After the requirements for documentary
proof were eased in 2010, these former displaced
populations and their children have been able to
acquire Vietnamese nationality.34
Conceiving inclusive digital identification
systems. Following a global trend, many states
in Southeast Asia have been making use of the
spread of new technologies to implement digital
identification management systems, often in
combination with biometric identifiers.35 This
has involved both new national-level digital ID
systems, and also systems for specific purposes,
such as the provision of social assistance or health
services. Some examples in the region include
Malaysia’s “MyKad” system for citizens and
permanent residents (introduced in 2001) and
Indonesia’s national ID system “e-KTP” that
records in separate versions both citizens and
other residents (launched in 2011). Coverage and
eligibility for inclusion in such systems varies across
the region. In Cambodia, for instance, most longterm Vietnamese residents remain excluded from
the national ID system, although the country
is now planning a more ambitious integrated
population identification system. There is potential
for these new identification systems to assist with
expanding the reach of government services, as well
as reducing abuse in service provision. However,
there are also risks, especially when new digital
identification systems are coupled with rules
that make proof of legal identity mandatory for
accessing rights and services. In contexts with
discriminatory laws or practices, such an approach
may risk intensifying exclusion from rights and
protections for certain populations.36
Discussion and Outlook
Statelessness and other legal identity problems
remain a widespread problem in Southeast Asia.
However, growing interest by states in ameliorating the problem is an acknowledgment of the
detrimental effects such exclusion has on economic
development, social cohesion, and stability. The
initiatives and reforms undertaken during the past
decade or so have led to the reduction of statelessness in some states. While the Philippines has
thus far been the only state in the region which
has aligned itself with relevant international legal
frameworks, Thailand and Vietnam both show that
determined government action is the key to resolution. However, enhanced efforts at identification
are also making more affected populations visible.
Persistent problems remain, especially regarding
protracted situations of in situ statelessness—often
nurtured by longstanding social exclusion and
discrimination, such as in Myanmar and Cambodia—and the continuous growth of intra-regional
migration. Addressing these problems calls for
upscaling many of the responses identified in this
paper, including further awareness-raising to tackle
deeply held views about identity and belonging,
capacity development among officials and more
generous naturalization programs for long-term
resident populations without proof of nationality.