Their recommendations can show states how to more effectively ensure the enjoyment of the right to a nationality and protect the rights of stateless persons.32 Additional guidance may also come from the Universal Periodic Review mechanism as well as reports compiled by relevant special procedures.33 Moreover, the same mechanisms can highlight positive developments and help to share good practices. 2.2 Nationality-specific instruments ASEAN countries have been less active in ratifying international agreements that focus specifically on nationality and statelessness. In fact, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness have yet to attracted any accessions within the region. It should, however, be noted that the Department of Justice in the Philippines is currently engaged with UNHCR in policy discussions on statelessness and an analysis of the national legal framework with a view to pursuing the state’s accession to both statelessness conventions.34 Meanwhile, the Convention on the Nationality of Married Women has just two ASEAN state parties.35 Regardless of formal accession, the influence of these instruments and the fundamental principles that they espouse can be traced in the legislation of many ASEAN countries. For instance, several of the safeguards contained within the 1961 Convention on the Reduction of Statelessness have made their way into domestic nationality laws.36 Meanwhile, two countries have included a definition of statelessness in their law, which has been informed by the 1954 Convention relating to the Status of Stateless Persons and customary international law.37 Moreover, the ratification of the human rights instruments discussed above lays a firm foundation in the region for both protecting the rights of stateless persons and avoiding statelessness by promoting the right to a nationality. 2.3 Relevant regional standards and initiatives In terms of regional initiatives, the first to mention is ASEAN itself. Promoting and protecting human rights is one of the purposes of this regional cooperation.38 In fact, the ASEAN Charter provides for the establishment its own human rights body. On this basis, the ASEAN Intergovernmental Commission on Human Rights (AICHR) was inaugurated in 2009. Part of the AICHR’s terms of reference is to develop an ASEAN Human Rights Declaration so as to establish a regional human rights framework that is complementary to existing international obligations.39 ASEAN states’ commitment to the right to a nationality and the non-discriminatory enjoyment of human rights may be further strengthened by such regional agreements in future.40 The separate ASEAN Commission on the Promotion and Protection of the Rights of Women and Children may also come to play a role in tackling issues of access to nationality and protection of stateless persons as they affect women and children.41 Meanwhile, the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers provides, 32 There are many examples, some of which are also cited elsewhere in this paper, for instance Committee on the Rights of the Child, Concluding Observations: Thailand, CRC/C/THA/CO/2, 17 March 2006; Committee on the Elimination of All Forms of Discrmination Against Women, Concluding Observations: Indonesia, CEDAW/C/IDN/CO/5, 10 August 2007; 33 See, for instance, UN Human Rights Council, Progress report of the Special Rapporteur on the situation of human rights in Myanmar, A/HRC/13/48, 10 March 2010; UN Human Rights Council, Report of the Special Rapporteur on the Right to Education, Vernor Munoz Villalobos: Mission to Malaysia, A/HRC/11/8/Add.2, 20 March 2009. 34 Correspondence with UNHCR Philippines, October 2010. The Philippines has already signed the 1954 Convention relating to the Status of Stateless Persons but has yet to complete the ratification process. 35 These are Malaysia and Singapore. 36 For instance, a safeguard to ensure that foundlings acquire a nationality can now be found in the nationality legislation of more than half of ASEAN countries. Those are: Cambodia, Indonesia, Lao PDR, Malaysia, Singapore and Viet Nam. 37 Lao PDR and Viet Nam both include a definition of a stateless person in their nationality acts. This is discussed in more detail under section 3.5. Note that the Philippines Congres is currently considering legislation that would introduce the definition of a stateless person into the domestic framework, in accordance with the 1954 Convention relating to the Status of Stateless Persons. Correspondence with UNHCR Philippines, October 2010. 38 Article 1 (7) of the ASEAN Charter. 39 Section 4.2 of the Terms of Reference of ASEAN Intergovernmental Commission on Human Rights. 40 Among the further tasks of the commission is obtaining information from ASEAN countries on the promotion and protection of human rights; developing common approaches and positions on human rights matters of interest to ASEAN; preparing studies on thematic issues; enhancing public awareness and promoting capacity building. See the Terms of Reference of ASEAN Intergovernmental Commission on Human Rights, section 4. 41 See the Terms of Reference of ASEAN Commission on the Promotion and Protection of the Rights of Women and Children. 6