trafficking, particularly women and children, some of whom may be stateless. Another objective is to
ensure an enhanced focus on tackling the root causes of illegal migration, which include statelessness.53
3. Identification of stateless and at risk populations
“Identification” of statelessness essentially means mapping stateless persons as well as at risk
populations. Such mapping should be as comprehensive as possible. Compiling statistics that provide
an insight into the magnitude of the problem is an important part of this, but effective identification of
statelessness goes much further. It includes mapping the demographic profile of the population,
establishing the cause of statelessness and highlighting any obstacles standing in the way of addressing
the issue. Another component of identification is assessing problems of access to rights and services, as
well as any other protection concerns. Finally, mapping all stakeholders concerned and establishing
their interests will complete the identification exercise.54
3.1 Background research, including legal analysis
A good place to start in identifying statelessness is some form of background research. A desk review
of existing reports by academics, government bodies, civil society, human rights institutions, the UN
system and the media will offer a first insight into the problem in a particular country.55 It will also
uncover gaps in information. The present paper is a case in point – the exercise of compiling existing
information relating to statelessness in ASEAN countries was, in itself, informative. Some situations are
relatively well documented. For example, with regard to the Muslim residents of northern Rakhine State
in Myanmar, there has been widespread reporting on magnitude, underlying causes, protection concerns
and efforts to tackle the issue.56 There has also been a substantial amount of writing on problems of
statelessness in Thailand.57 Additionally, there are sources that offer some insight into the issue in
different countries as part of an overall discussion of human rights practices, such as annual reports by
the US Department of State.58 Overall, however, a common theme across the region is the lack of
comprehensive research into the problem of statelessness, meaning that much work still needs to be
done in the area of identification.
One particular type of background study that can be carried out with relevant ease is a legal analysis. If
done systematically, this will provide an immediate insight into potential problems of statelessness. By
identifying gaps in the law or its implementation, where there are inadequate safeguards to prevent
statelessness, it is possible to establish which sectors of a population may be stateless or at heightened
53
States participating in the Bali Process have acknowledged the connection between tackling statelessness and combating
human smuggling and trafficking. This is evidenced, for instance, by efforts to discuss concerns surrounding the situation of
the Muslim residents of northern Rakhine State on the sidelines of a meeting of the Bali Process in 2009. E. Schwartz,
Assistant Secretary, US Bureau of Population, Refugees and Migration, Protecting stateless persons: the Role of the US
Government, statements made at a conference on statelessness, Washington DC, 30 October 2009; ‘Bali Process’ may address
Rohingya crisis, Inter Press Service [International News Agency], 28 February 2009; Bali process failed to solve Rohingya
boatpeople issue: AI, Mizzima News [India], 17 April 2009; Bali process inadequate to help Rohingya: NGOs, Jakarta Globe
[Indonesia], 29 May 2009.
54
Note that in 2008, UNHCR published a tool that guides stakeholders in drawing together and analysing information:
“Statelessness – An analytical framework for prevention, reduction and protection”.
55
UNHCR’s Executive Committee has asked the agency to facilitate the sharing of existing information on statelessness by
including in its biennial reports on activities related to stateless persons “statistics provided by States and research undertaken
by academic institutions and experts, civil society and its own staff in the field on the magnitude of statelessness”. UNHCR
Executive Committee, Conclusion on Identification, Prevention and Reduction of Statelessness and Protection of Stateless
Persons, No. 106, 6 October 2006.
56
See, for instance, Minorities at Risk Project, Assessment for Rohingya (Arakanese) in Burma, 2003; Minorities at Risk
Project, Chronology for Rohingya (Arakanese) in Burma, 2004; S. Garcia and C. Olson, Rohingya: Burma’s forgotten
minority, Refugees International, 2008; Human Rights Watch, Perilous Plight – Burma’s Rohingya take to the seas, 2009.
57
See, for instance, T. Lee, Statelessness, human rights and gender: irregular migrant workers from Burma in Thailand,
Martinus Nijhoff Publishers, 2005; Punthip Kanchanachittra Saisoonthorn, “Development of concepts of nationality and the
efforts to reduce statelessness in Thailand” in Refuge Survey Quarterly, Vol. 25, Issue 3, 2006; UNESCO, Citizenship Manual
– Capacity building on birth registration and citizenship in Thailand, 2008; C. Komai and F. Azukizawa, “Stateless persons
from Thailand in Japan” in Forced Migration Review, Issue 32, 2009.
58
Each of the annual US State Department reports on countries’ human rights practices contains a section dedicated to
statelessness.
8