REGIONAL OVERVIEW REGIONAL OVERVIEW Regional Overview Sub-regions Covered: South Asia, Southeast Asia, East Asia, Pacific Laws Citizenship Law All citizenship laws in the Asia-Pacific region operate through the principle of jus sanguinis, meaning that citizenship is derived via descent. The laws of eight of the 38 countries in the region additionally contain jus soli, or ‘birthright citizenship’ provisions which grant citizenship on the basis of birth on their territory (with differing limitations). Across Asia, Bangladesh, Cambodia, Pakistan, and Thailand’s citizenship laws include jus soli provisions.32 In the Pacific, Fiji, Kiribati, Marshall Islands, and Tuvalu have limited provisions for jus soli citizenship.33 Of the 38 countries in the region, jus sanguinis provisions in 19 of them (Bangladesh, Cambodia, the Federated States of Micronesia, Fiji, Indonesia, Japan, the Maldives, the Marshall Islands, Nauru, Palau, Papua New Guinea, the Philippines, Thailand, Timor-Leste, Solomon Islands, South Korea, Tonga, Tuvalu, and Vanuatu) provide that children born to a citizen parent gain citizenship, with no distinction based on the location of their birth.34 In 17 countries (Afghanistan, Australia, Brunei, China, India, Kiribati, Laos, Malaysia, Mongolia, Nepal, New Zealand, North Korea, Samoa, Singapore, Sri Lanka, Pakistan and Vietnam) children can gain nationality where a parent is a citizen of the relevant country, however, a distinction is made between children born within or outside of the territory.35 For these countries while jus sanguinis is the predominant means of acquisition of nationality, jus soli factors come into play. The laws of two states (Bhutan and Myanmar) provide that citizenship may be transferred to children born within or outside of the state only if both parents are considered citizens or, in the case of Myanmar, “nationals”.36 14 15 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC REPORT 2023

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