Degrees of Statelessness
unconsolidated and limited. Our findings include evidence that it may be
increasing. 59
Writing in 2005, Nicole Constable observed that the contemporary patterns of
marriage migration in Asia reflected the gendered nature of the movement, noting
that the majority of the ‘women move from poorer countries to wealthier ones,
from the less developed global “south”; to the more industrialized “north”’. 60
Since the early beginnings of research on marriage migration within the region,
many assumptions have been made regarding the motives of the women — which
stem from the connection between poverty, opportunism and a presumed lack of
agency. These assumptions have in turn fed into increasingly stringent regulation
within receiving states, particularly in terms of nationality laws. 61 Official state
responses have slowly evolved into acceptance of marriage migration as a
development strategy for the women, 62 and the government has responded to
issues of de jure statelessness of this cohort. However, the laws and policies of
Vietnam have not kept pace with the issues raised by returned children of the
marriages.
Can Tho is the fourth largest city in Vietnam, nestled in the heart of the Mekong
Delta. With a population of just over 1.5 million, Can Tho is the largest city in the
Mekong Delta and an important economic hub for south Vietnam — second only
to Ho Chi Minh City. The Can Tho region — which consists of Can Tho City and
five surrounding provinces — is largely known for tourism due to its picturesque
rolling rice fields, rural canals and floating markets. However, the region is also
characterised by large-scale poverty and as a result, has a high rate of emigration,
including through marriage migration. Can Tho is the region from which the
largest number of Vietnamese women who migrate through marriage originate
(approximately 100 per month regionally), and consequently, the region is likely
to hold the highest number of marriage migrants to have repatriated back from
overseas. 63
Although many women find relative ‘success’ in marriages that result from the
above trends, many do not. In addition to standard marital breakdowns, marriage
migrants are also vulnerable to physical and emotional abuse, forced labour and
exploitation. If and/or when these marriages subsequently break down, some
women may choose to stay abroad. However, many are either forced or choose to
return to Vietnam. As these families mature, increasingly more women have been
returning to their hometowns with children from these unions. However, the
women often choose to take the children back to Vietnam without obtaining
59
60
61
62
63
Tran Thi Phung Ha, ‘Draft Report for the Project: Development of a Legal Framework for
International Marriage Migration (IMM)’ (Draft Paper, Can Tho University, December
2017). A copy of this paper on file with the authors.
Constable (n 7) 4.
In Taiwan marriage migrants seeking citizenship until 2016 were required to renounce their
previous citizenship prior to applying for and acquiring Taiwanese citizenship. This resulted
in many women becoming stateless as they were unable to complete the naturalisation process
or subsequently lost Taiwanese nationality on death or divorce of the husband. The majority
of the women affected were Vietnamese. See Kitty McKinsey, ‘Divorce Leaves Some
Vietnamese Women Broken-Hearted and Stateless’ (United Nations High Commissioner for
Refugees, 14 February, 2007) <http://www.unhcr.org/45d324428.html>; Kitty McKinsey
‘Vietnam Sets Pace for Asia with New Law to Prevent Statelessness’ (United Nations High
Commissioner for Refugees, 1 July 2009) <http://www.unhcr.org/4a4b809d9.html>.
Vietnamese Migration Abroad (n 55) 39–40.
This estimation derives from interviews conducted by Dr Ha and her team and reflects their
estimations: Ha (n 59).
79