UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
have attracted many migrants from different countries within the
ASEAN and Asia Pacific regions and make them head for its shores.
According to the recommendations of the Universal Periodic Review
(UPR)1, 75 percent of statelessness during the 1st and 2nd Cycles2 were
due to discriminatory national laws in many states. Such discrimination
varied and often were related to matters on race, ethnicity, gender,
religion or disability, absence of birth registration, civil documentation
of stateless people and children, the lack or absence of provision
within the national laws for stateless children to acquire a nationality
and state succession3 that could lead to statelessness. Researchers
have identified that foundlings in the absence of birth or identification
documentation, led to children becoming stateless (Bloom et al.,
2017). Moreover, a child born to stateless parents due to a dispute
of nationality laws and arbitrary deprivation, or denial of nationality
with inadequate or no systematic regulation on nationality in matters
of state succession, would automatically become stateless (Bloom et
al., 2017).
The impact of statelessness has detrimental effects on children,
families, and society at large. Stateless persons are without nationality
from any country and will not be able to access the human rights
and privileges of citizens rendered by any state. Hence, the stateless
children and people were often marginalized, and suffered in poverty
that led to forced displacement (Wass L.V, Ricalde, M. J. V, 2017). A
child or person who is stateless within his/her country of origin due
to no citizenship will often be perceived and regarded as a foreigner
1
2
3
Note: “The Universal Periodic Review (UPR) is a process undertaking by the
Human Rights Council to review the human rights records of all UN Member
States to ensure equal treatment for every country. This mechanism is aimed at
improving the human rights situation in all countries and address human rights
violations wherever they occur. All UN member States declare their respective
actions in improving the human rights situations in their countries and to fulfil
their human rights obligations through this mechanism.” United Nations Human
Rights Council website. https://www.ohchr.org/en/hrbodies/upr/pages/uprmain.
aspx>. Retrieved date: 30.7.2019.
The UPR is set up in 4.5-year in three cycles of UPR Working Group sessions
annually with 14 States reviewed in each session. The sessions are held to enable
continuous review of States’ human rights records. United Nations. Universal
Periodic Review. https://unsdg.un.org/2030-agenda/strengthening-internationalhuman-rights/universal-periodic-review>. Retrieved date: 17.3.2021.
Wass Laura, Verbeek, Ileen & Cickera, Amal. (2017). Booklet- Statelessness &
Human Rights–The Universal Periodic Review, Institute on Statelessness and
Inclusion (ISI). Retrieved date: 25.7.2018.
347
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