among other things, for close cooperation between receiving and sending states to “resolve the cases of
migrant workers who, through no fault of their own, have subsequently become undocumented”.42 Such
activities may lead to the identification of stateless persons and will contribute to the prevention and
reduction of statelessness.43 The ASEAN Committee on Migrant Workers established to promote the
implementation of the Declaration may also look at the link between statelessness and migration in its
future work.44
The second relevant regional body is AALCO – the Asian African Consultative Organisation –
established as a forum for exchanging views and issuing advice to governments on matters of
(international) law.45 Taking its lead from the International Law Commission, AALCO has dealt with a
number of topics that touch upon the right to a nationality and the protection of stateless persons. For
instance, in 1961 it elaborated principles on the admission and treatment of aliens, including a list of
basic rights that are to be enjoyed by all non-nationals.46 In 1964, AALCO issued some model articles
relating to dual nationality that provided, for instance, that a woman’s nationality shall not
automatically change upon her marriage to a person of another nationality.47 To date, the most pertinent
initiative for addressing statelessness within AALCO has been a half-day special meeting held in 2006
on “Legal Identity and Statelessness”. This meeting culminated in the adoption of a resolution recalling
the importance of avoiding statelessness and taking steps to improve the situation of stateless persons.48
Finally, it is also important to note the role of counter-smuggling and trafficking initiatives. Five
ASEAN countries have ratified the “Palermo Protocol” to the UN Convention Against Transnational
Organised Crime on the smuggling of migrants while four have also ratified the protocol on human
trafficking.49 These protocols explicitly call for cooperation between states in verifying and
documenting the nationality of victims of smuggling or trafficking.50 Such efforts can play a vital role
in protecting individuals and preventing statelessness in the context of these forms of migration.51
Moreover, all ASEAN countries participate in the so-called “Bali Process”.52 Among the purposes of
the Bali Process are several objectives relevant to statelessness. For instance, states pledge to cooperate
in verifying the identity and nationality of illegal migrants and trafficking victims. More broadly, the
Bali Process aims to support the provision of appropriate protection and assistance to the victims of
42
Article 2 (General Principles) of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers,
2007.
43
Another provision in the Declaration that could be invoked to prevent statelessness and protect stateless persons is the
obligation of sending states to ensure the protection of migrant workers when abroad as well as repatriation and reintegration
to the countries of origin. Article 13 (Obligations of Sending States) of the ASEAN Declaration on the Protection and
Promotion of the Rights of Migrant Workers, 2007. Consider also the obligation of receiving states to facilitate the exercise of
consular functions of a migrant worker’s state of origin when he or she has been detained for any reason. This may help to
prevent statelessness by leading to the verification or documentation of nationality. Article 10 (Obligations of Receiving
States).
44
It is of interest to note that the third ASEAN Forum on Migrant Labour, convened by the ACMW in July 2010, focused on
“Enhancing Awareness and Information Services to Protect the Rights of Migrant Workers”. Within this recent forum, states
discussed how to improve migrant workers’ access to and understanding of information on laws, guidelines and other materials
produced by governments of sending and receiving states. Some information that is of critical interest to migrant workers is
what laws and procedures they need to be aware of to retain their nationality and ensure access to a nationality for children
born in the receiving state. By finding ways to circulate this information effectively, states are helping to avoid statelessness.
ASEAN seeks to protect and promote migrant workers’ rights, ASEAN Secretariat briefing note, 20 July 2010.
45
The ASEAN countries which are also members of AALCO are: Brunei Darussalam, Indonesia, Malaysia, Myanmar,
Singapore and Thailand.
46
AALCO Principles Concerning Admission and Treatment of Aliens, adopted at the fourth session, 1961.
47
AALCO Model articles embodying principles relating to elimination or reduction of dual or multiple nationality, adopted at
the sixth session, 1964.
48
AALCO Resolution on the Half-Day Special Meeting on “Legal Identity and Statelessness”, RES/45/SP.l, 8 April 2006.
49
Cambodia, Indonesia, Lao PDR, Myanmar and the Philippines are state parties to the Protocol against the Smuggling of
Migrants by Land, Sea and Air. Cambodia, Lao PDR, Myanmar and the Philippines are also state parties to the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially women and children.
50
Article 18 of the Palermo Protocol on smuggling and article 8 of the Palermo Protocol on trafficking.
51
See also UNHCR Executive Committee, Conclusion on Identification, Prevention and Reduction of Statelessness and
Protection of Stateless Persons, No. 106, 6 October 2006.
52
The Bali Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime.
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