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host of soft law instruments also indicate ASEAN states’ commitment towards the protection of
children’s rights in the region.37 Whilst recognizing that one size does not necessarily t all,
birth registration should be seen as an important step to the prevention of statelessness. In the
case of refugee and stateless children, being without birth registration puts these children at a
higher risk of being traf cked for many reasons including forced labor, prostitution, forced or
early marriages, and even recruitment as child soldiers; such are the far-reaching impacts and
consequences of collective violence. Additionally, collective action by ASEAN states will help to
create the necessary political will to implement the norms at the domestic level. It is important
to note that political will is a vital element in the domestic enforcement and implementation of
human rights, including those of vulnerable groups like the Rohingyas.38
As a region heavily affected by human traf cking, it is in the ASEAN states’ interest to
develop a regional framework and adopt a workable uniform state practice on birth registration
of refugee and stateless children. Such capacity building and mobilization will undoubtedly
have a positive impact, not only in combatting human and child traf cking, but also to meet the
commitments towards ending statelessness by 2024
We are cognizant of the challenges of implementing top-down approaches in an era
where policy and legal framers seek for more localized approaches towards refugee protection.
What this commentary stresses, is the need for more attention towards stateless children by all
stakeholders at both domestic and regional levels. Ultimately, addressing the situation of these
vulnerable children through birth registration will also require the involvement of non-state
actors like Non-Governmental Organizations (NGOs)
NGOs have the potential to in uence both the adoption and implementation of the
ASEAN legal framework.39 Due to the context sensitive dynamics of migration, the effective
implementation of the proposed laws will necessitate the engagement of the refugee host
communities about the relevance of registering refugee children. Even with the (legal and
practical) challenges and obstacles associated to birth registration, we remain convinced that
ASEAN states should endeavor to develop and implement a workable framework as this
addresses statelessness and combatting human traf cking at the same time. Without birth
registration, these stateless children are left at greater risk to fall victims to child traf cking. As
such, this dossier also opens up sightlines for various socio-legal approaches to tackle the issue
of statelessness as a direct response to collective violence
Bibliograph
Association of Southeast Asian Nations (ASEAN). “About ASEAN,” n.d. Accessed October 8,
2021. https://asean.org/about-us
ASEAN. “Children in ASEAN: 30 Years of the Convention on the Rights of the Child.” ASEAN
and UNICEF, 2019. Accessed July 2, 2021. https://reliefweb.int/sites/reliefweb.int/
les/resources/Children%20in%20ASEAN.pdf
BBC. “The Rohingya Children Traf cked for Sex.” March 20, 2018. Accessed October 8, 2021.
https://www.bbc.com/news/world-asia-43469043
Bhabha, Jacqueline. “From Citizen to Migrant: The Scope of Child Statelessness in the TwentyFirst Century.” In Children Without a State: A Global Human Rights Challenge, ed.
Jacqueline Bhabha, 1–42. Cambridge: The MIT Press Cambridge, 2011
37 For a more elaborate overview, see ASEAN Plan of Action for Children (1993); Hanoi Declaration on the Enhancement
of Welfare and Development of ASEAN Women and Children (2010); Declaration on the Elimination of Violence
Against Women and Elimination of Violence Against Children in ASEAN (2013); ASEAN Regional Plan of Action
on Elimination of Violence Against Children (2016); ASEAN Declaration on Strengthening Education for Out-ofSchool Children and Youth (2016) and ASEAN Early Childhood Care, Development and Education Quality
Standards (2017).
38 Frank, Reduction of Mass Atrocity Crimes in East Asia, 99.
39 Ibid., 102.
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Genocide Studies and Prevention 15, no. 2 https://doi.org/10.5038/1911-9933.15.2.1863.
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Dossier: Stateless Rohingya
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