DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS »» Based on interviews with Social Welfare Attachés, there seems to be some inconsistency in what is required among Embassies at different locations. In practice, the Embassy in Kuwait would still require the custodian to produce proof even if affidavits have been submitted. There were currently two cases in this kind of situation. Obtaning proof can be difficult, particularly in cases under situation #4 described in the preceding section. The MC stipulates that the Philippine foreign post may conduct further investigation, but if they cannot confirm the circumstances, then the child can be registered in Kuwait. However, the local law in Kuwait and other countries may not confer citizenship on the children resulting in statelessness.86 »» The Social Welfare Attaché of Kuwait shared that it would be more difficult to register a child now that three witnesses are needed for those born at home, where previously only two witnesses were required, together with an affidavit from the mother. • In Saudi Arabia, only two witnesses are required. • Based on these findings, it is recommended that the application of PSA MC 2017-12 be further studied, in consultation with relevant Social Worker Attachés in the Gulf, particularly with regard to challenging cases falling into the scenario under situation #4 as described in the Circular. A.4. Foundlings With regard to foundlings, the 1961 Convention in Article 2 states that “[a] foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State.” This requirement is consistent with currently existing law in the Philippines as interpreted by the Supreme Court in the cases of: Poe-Llamanzares v. Commission on Election and David v. Senate Electoral Tribunal.87 Under Article 8 of the Republic Act No. 386, the Civil Code of the Philippines, “Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”88 The Department of Justice (DOJ) in its letter dated 28 July 2020 addressed to the DFA favorably recommending the accession to In Kuwait, there is no law to recognize children without any information on their parents. The Social Welfare Attaché would rely on information from those who found the child, thus, neither the PSA MC, nor existing Kuwait law will resolve the situation, and the child would then be at-risk of statelessness. See also the nationality laws of Middle East countries in Section 5.2. 86 Mary Grace Natividad S. Poe-Llamanzares v. COMELEC, G.R. Nos. 221697 & 221698-700, 8 March 2016. (The Court based its decision on deliberations of the framers of the 1934 Constitutional Convention that specifically discussed foundlings, and the generally accepted principle of international law ‘to presume foundlings as having been born of nationals of the country in which the foundling is found’); and Rizalito Y. David v. Senate Electoral Tribunal, G.R. No. 221538, 20 September 2016 (the court found that “the Constitution sustains a presumption that all foundlings found in the Philippines are born to at least either a Filipino father or a Filipino mother and are thus natural-born, unless there is substantial proof otherwise…, any such countervailing proof must show that both—not just one—of a foundling’s biological parents are not Filipino citizens.” 87 Republic Act No. 386, Civil Code of the Philippines, 18 June 1949, available at: https://www.officialgazette.gov.ph/1949/06/18/ republic-act-no-386/ 88 UNHCR / April 2021 31