undocumented migrants and better regulate migration flows. Migrants who have their nationality verified will be entitled to stay and work legally in Thailand. Between 1 and 1.5 million irregular migrants could potentially benefit from this policy.121 By July 2010, close to 400,000 migrants had successfully completed nationality verification and been issued with a document attesting to their nationality.122 This enables them to obtain a work permit in Thailand, regularising their stay and improving their enjoyment of rights in the country. It also serves to prevent statelessness among the persons concerned by ensuring that they have proof of nationality.123 However, there is currently no contingency in place to address the status of those persons who were unable to complete the nationality verification – i.e. individuals who submitted their application but were not confirmed to be nationals of the relevant state.124 This failure to obtain nationality verification may signal a problem of statelessness. Therefore, when conducting nationality verification, it will also be important to consider the appropriate next step to address the situation of persons who remain without confirmation of nationality. 4.4 Challenges in the prevention of statelessness In accordance with their human rights obligations, states across the ASEAN region are promoting the enjoyment of the right to a nationality by investing significantly in measures to prevent statelessness. However, none are state parties to the 1961 Convention on the Reduction of Statelessness. This presents a challenge to the extent that the 1961 Convention is the only universal instrument providing concrete, detailed guidance on the avoidance of statelessness. While many of the safeguards it prescribes have nevertheless made their way into the nationality laws of ASEAN countries, accession to the 1961 Convention would help states to identify and address any remaining gaps in their legislation. The 1961 Convention outlines a harmonised framework for dealing with the specific circumstance where individuals would otherwise be stateless, while leaving otherwise in tact state parties’ freedom to regulate access to nationality in accordance with their own interests and their other international legal obligations. Regardless of the question of accession, ASEAN countries would benefit from a more detailed review of their nationality legislation to see if the right to a nationality is adequately promoted in accordance with their human rights obligations and identify areas in which the prevention of statelessness can be strengthened through the incorporation of additional safeguards. Of equal importance, is promoting the implementation of the law in a manner that takes into account the need to prevent statelessness. This may require further awareness-raising and capacity building. For instance, migrants must be kept informed of procedures that they are required to follow, while abroad, in order to retain their nationality or to secure a nationality for their children. Meanwhile, easy access to consular authorities may also need to be assured in the receiving state.125 The context of irregular migration poses a particular challenge. Irregular migrants may have apprehensions about travelling to or registering with any state entity because of the potential consequences for their situation. Similar fears may hamper individual verification or confirmation of nationality. Thus, for example, when migrants 121 IOM, Thailand approved a new registration round for irregular migrant workers from Myanmar/Burma, Lao PDR and Cambodia, Migrant Information Note, Issue 1, June 2009; IOM, Procedures for nationality verification of Myanmar/Burma nationals in Thailand, Migrant Information Note, Issue 2, August 2009; IOM, Registration and Nationality Verification 2009 at a glance, Migrant Information Note, Issue 3, November 2009; IOM, Extension of nationality verification process – Frequently Asked Questions, Migrant Information Note, Issue 4, February 2010; IOM, Nationality Verification Regulations: February-April 2010 updates, Migrant Information Note, Issue 5, April 2010. 122 Of these, 137,349 were Cambodian nationals, 115,737 Laotian and 142,338 were citizens of Myanmar. Note that nationality verification for migrants from Lao PDR and Cambodia commenced in 2006 and for migrants from Myanmar in July 2009. IOM, Migrant Information Note, Issue 7, September 2010. 123 Note that the implementation of this nationality verification exercise is not without its difficulties. The verification process only targets the migrant workers themselves and does not extend to their dependents or children, which may leave them without evidence of their nationality. Moreover, concerns have been raised regarding the consequences of the nationality verification procedure – as well as for those who fail to complete it – for the situation of persons who may be in need of international protection, including the principle of non-refoulement. IOM, Thailand approved a new registration round for irregular migrant workers from Myanmar/Burma, Lao PDR and Cambodia, Migrant Information Note, Issue 1, June 2009; UN Expert on Migrants raises alarm on threat of massive deportations from Thailand, Media Statement, 18 February 2010. 124 The pertinent resolution of the Cabinet calls for the National Security Council and related authorities to look into how to address the situation of persons whose applications for nationality verification are rejected. IOM, Extension of nationality verification process – Frequently Asked Questions, Migrant Information Note, Issue 4, February 2010. 125 Indonesia, for instance, has therefore established consulate offices that directly service areas of Malaysia where a high concentration of Indonesian migrants can be found. 18