SUB-REGIONAL OVERVIEW: SOUTH ASIA
be necessary for obtaining citizenship in most
situations, among other documentation.2200
However, Foreigner Tribunals have often not
accepted a birth certificate as proof of birth
ipso facto in the absence of tangible evidentiary
connection to an ancestor whose residence can be
traced to Assam prior to 1971. India reported an
89% birth registration rate in 2021.2201
SUB-REGIONAL OVERVIEW: SOUTH ASIA
These administrative and documentary requirements
placed on persons excluded from the National
Register of Citizenship have acted as a barrier to
the verification of thousands who have lost or had
destroyed relevant documents due to relocation and
flooding.
Maldives
Laws
Citizenship Law
Jus sanguinis provisions
Citizenship legislation of the Maldives operates through jus
sanguinis provisions that provide automatic citizenship to
a child born to a citizen of the Maldives regardless of their
place of birth.2202 Maldives citizenship laws, however, contain
religious discriminatory provisions, as the Constitution of the
Republic of Maldives states in Article (9)(d) that “a non-Muslim
may not become a citizen of the Maldives”.2203 Despite the
apparent gender neutrality of the Constitution and the Maldivian
Citizenship Act, in 2021 the CEDAW raised their concern that
the law “established different conditions for women and men
as regards the transmission of nationality depending, notably,
on religion and marital status”.2204 There is no definition of
statelessness included in the Maldives citizenship legislation.
Citizenship legislation of the Maldives operates through jus sanguinis
provisions that provide automatic citizenship to a child born to a
citizen of the Maldives regardless of their place of birth.
Naturalized citizenship
A person may apply for Maldivian citizenship if they are
Muslim and have resided in the Maldives for at least 12 years
continuously among other requirements.2205 There is no
simplified or expedited process available for stateless persons
or refugees.
Dual citizenship
Dual citizenship is permitted in the Maldives.2206 There are no
additional conditions imposed for Maldivian citizens to acquire
dual citizenship.2207
Treaty ratification status
The Maldives is a party to ICCPR, ICESCR, ICERD, CRC, and
CEDAW, but is yet to ratify the 1954 Convention relating
to the Status of Stateless Persons, the 1961 Convention on
198
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
199
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