272
Southwick
international statelessness conventions, it has ratified the Convention on the
Rights of Child (CRC), which guarantees protection and a set of rights for children regardless of status,52 and requires that children be registered immediately after birth and possess the right to acquire a nationality. These rights
must be implemented ‘in particular where the child would otherwise be
stateless.’53
With respect to other states, the principle of non-refoulement forbids the
expulsion of refugees to a country where they would be persecuted.54
Under the UN Charter and the UDHR, states ‘have pledged themselves to
achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms.’55 ASEAN Member States have pledged to assist persons in distress
at sea, work jointly to prevent and combat human trafficking, as well as
protect women and children from discrimination and violence and ensure
survivors’ access to education and health care.56 Moreover, under the
52
53
54
55
56
Res 217 A(III) (UDHR), Arts. 1-2 (equality and nondiscrimination), 13 (movement), 14
(asylum), 15 (nationality), and 18 (thought and religion).
Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2
September 1990) 1577 UNTS 3, Art. 2.
Ibid, art. 7. See also Convention on the Reduction of Statelessness (adopted 30 August
1961, entered into force 13 December 1975) 989 UNTS 175, Art. 1(1) (Reduction of
Statelessness Convention) (‘A contracting state shall grant its nationality to a person born
in its territory who would otherwise be stateless.’). Myanmar has also ratified the
Convention on the Elimination of Discrimination against Women (adopted 18 December
1979, entered into force 3 September 1981) 1249 UNTS 13 (CEDAW Convention). Article 9
grants women equal rights with men to nationality and with respect to nationality of
their children. Article 3 obligates States to take ‘all appropriate measures’ to ensure the
‘full development and advancement of women.’
Technically, this principle applies to states that have ratified the UN Convention relating
to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS
137 (Refugees Convention), which neither Bangladesh, Indonesia, Thailand, nor Malaysia
has signed. It also requires that the individuals in question have actually obtained refugee
status. However, the notion of non-refoulement has gained such universal acceptance that
situations in which states refuse likely refugees from entering their countries are often
decried.
Universal Declaration of Human Rights (n 51) (adopted 10 December 1948 UNGA Res 217
A(III) (UDHR), United Nations Charter (n 50) Preamble (Member States resolve to combine their efforts to achieve fundamental human rights, tolerance, international peace,
and social progress).
See generally ASEAN Heads of State/Government, ‘ASEAN Declaration on Cooperation in
Search and Rescue of Persons in Distress at Sea’ (Hanoi, 27 October 2010); ASEAN Heads
tilburg law review 19 (2014) 261-275
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents