II.
III.
IV.
V.
the parents' nationality, regardless of whether the child is qualified to apply for that
foreign citizenship. A similar situation arises where a child is born to unknown foreign
parents. In other circumstances, the child's citizenship becomes dependent on the
election by the parents. Due to factors such as high adolescent birth rates and the general
lack of knowledge and participation by parents in the citizenship registration process, the
current framework contains unnecessary risk of children being rendered stateless for
circumstances outside the person's control.
A child born to stateless parents will only acquire Lao citizenship if the parents are
"integrated into the Lao society and culture". Similarly, a Lao citizen may be subject to
having his or her citizenship withdrawn for "dishonouring" the citizenship.34 Without
appropriate safeguards, these qualitative measures are prone to abuse by authorities
leading to unnecessary and enforced statelessness of persons, particularly where the
person is already vulnerable by virtue of his or her status as a stateless person.
A person forfeits his or her Lao citizenship by living outside of Lao PDR for seven years (or
not maintaining legal connection with Lao PDR for ten years).35 This article would appear
to apply regardless of whether the person has acquired any foreign citizenship.
A person is required to attend a relevant administrative office in relation to matters
regarding citizenship.36 Due to the high proportion of the population living in regional and
remote areas, this may be a practical impediment for many.
Stateless or foreign individuals must satisfy 11 separate criteria in applying for Lao
citizenship.37 Many of these criteria are unnecessary, are difficult to satisfy (particularly
for persons who are already vulnerable by virtue of their status as a stateless person), or
may be prone to abuse by authorities without appropriate safeguards. Such criteria may
lead to persons being unable to escape from their status as a stateless person. These
include:
i. being 18 years of age or more;
ii. speaking, reading and writing fluently in Lao;
iii. possessing evidence of social and cultural integration, and knowledge of and
respect for Lao traditions;
iv. being in good health, not suffering from any serious infectious disease or drug
addiction;
v. participating in the protection and development of the country;
vi. having established permanent residence in Lao PDR for ten years (reduced to
three years for stateless persons);38 and
vii. having professions and qualifications and a stable economic status.
Access to birth registration
34. As detailed above, statistics show that a quarter of all children under 5 were not registered
between 2011 and 2012. This number has remained stable over the years, and statistics from the
Government of the Lao People’s Democratic Republic show that 73% of all children under five
years of age being registered in 2017, which leaves a significant proportion of children
unregistered.39
34
Ibid 27, article 19.
Ibid, article 20.
36 Ibid, article 16.
37 Ibid, article 14.
38 Ibid, article 15.
39 Statistics from Lao People’s Democratic Republic, Ministry of Health and Lao Statistics Bureau, Lao Social Indicator
35
8