SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
Further, there is a lack of recent reliable statistics
on the stateless population in Brunei,2469 which
has no available data on stateless persons without
formalised residency.2470
Persons at risk of statelessness
Overall, higher rates of civil registration
(compared to the Pacific) and less reliance on
household registrations (compared to East Asia)
should lead to a lower number of persons seen
to be at risk of statelessness within Southeast
Asia. However, there remains a number of
identified groups who remain at risk. In Cambodia,
Indonesia, Laos and Thailand low rates of birth
Pledges to End Statelessness
At the 2023 Global Refugee Forum (GRF), the
Commission on Human Rights of the Philippines
pledged its commitment to the “protection
of stateless persons and persons at risk of
statelessness in Sabah, through inter-[National
Human Rights Institution (NHRI) Memoranda
of Understanding (MoU)] on Statelessness”.2479
The inter-NHRI MoU on Statelessness seeks to
improve “policy and operational frameworks
to ensure protection of the rights of stateless
persons and persons at risk of statelessness in
Sabah through cooperation between the National
Human Rights Institutions of Malaysia, Indonesia,
and the Philippines”.2480 It is also intended to
enhance coordination and cooperation between
the “Commission on Human Rights of the
Philippines, as an independent NHRI, and the
Government of the Philippines in addressing
issues of statelessness in Sabah with a human
rights-based approach”.2481
Thailand also pledged to “resolve statelessness,
with priority being given to children born in
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SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
registration among certain populations have
exposed potentially millions of children to the
risk of statelessness,2471 with children of migrant
workers and ethnic minorities left especially
vulnerable to statelessness.2472 Within the
Philippines six population groups have been
identified as being at risk of statelessness:
indigenous sea-faring Sama Bajau, Persons of
Indonesian Descent (the status of most of this
population group has been resolved in recent
years), foundlings, unregistered children who
have been forcibly displaced due to armed
conflict and persons of Japanese descent (even
though most cases have now been resolved or
are in the process of getting resolved).2473 Within
Malaysia multiple populations have also been
identified including persons who have resided
in Malaysia since pre-independence as well as
their descendants (including individuals of Tamil
ethnicity), children of mixed-nationality marriages
(through the impact of gender discriminatory
nationality laws), indigenous persons (including
mobile maritime populations and Orang Asli
communities), refugees and irregular migrants
(and their children) in Sabah East Malaysia, as well
as persons lacking documentation and foundling
children.2474
Thailand” as part of the 2023 GRF.2482 The
government set out its objectives for resolving
statelessness as:
At the High-Level Segment on Stateless in October
2019, both the Philippines and Indonesia made
pledges related to the prevention of statelessness.2484
The Philippines committed:
1.
2.
3.
4.
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
“Developing, within two years, a
national action plan on the reduction of
statelessness and the management of
forcibly displaced persons in Thailand,
with priority given to stateless children,
and through collaboration between
government agencies, private sector, and
civil society”;
“Enhancing effectiveness of the systems
to facilitate access by stateless persons to
civil registration services, with a view to
expediting the process for children born in
Thailand and the elderly”;
“Reviewing existing laws and regulations
related to nationality, civil registration and
immigration, in order to facilitate access to
legal residence, nationality and civic rights,
particularly for children born in Thailand; as
well as”
“Cooperating with UNHCR and joining the
Global Alliance to End Statelessness”.2483
Indonesians of Chinese Origin (due to different
historical circumstances and legal complications);
To enhance the policy, legal, and operational
framework for stateless persons to ensure their
full access to rights as guaranteed by the 1954
Convention Relating to the Status of Stateless
Persons including their facilitated naturalization
and as may be provided by national laws;2485
To improve access of vulnerable and marginalized
populations to documentation through birth and
civil registration;2486
To continue the study of statelessness, with a
thrust to improve qualitative and quantitative
data on populations at risk of statelessness
in the Philippines and among its nationals, in
continuation of efforts initiated in 2011;2487
To continue the process of accession to the 1961
Convention on the Reduction of Statelessness;2488
To continue leadership in Southeast Asia in the
development of a human rights framework and
provide technical support to other States in dealing
with issues relating to stateless persons;2489 and
some Indonesians of Chinese origin; Indonesians
of Indian Origin (due historical and legal
reasons); Indonesian migrant workers (who
confront documentation challenges or have
their citizenship status questioned); exiled
Indonesians (who were forced to leave Indonesia
for political or other reasons face difficulties
re-establishing their citizenship upon their
return); and undocumented Chinese Migrants
are all populations affected by statelessness
in Indonesia.2475 In Brunei, children born to a
Brunei citizen mother,2476 indigenous populations
including Dusun and Iban populations2477,
and foreign wives of citizens as at risk of
statelessness.2478
To cooperate with UNHCR by supporting
projects, continuing fund contributions, and
by building or expanding partnerships.2490
So far, the Philippines has been successful
in ratifying the 1961 Convention on
statelessness.2491 Indonesia also pledged to:
increase the scope of operation and the
provision of infrastructure related to its
national citizenship registry;2492
increase the utilisation of a digital platform
for citizenship registry and citizenship
documentations such as the issuance of birth
certificate and single identity number;2493
enhance cooperation with UNHCR in
handling refugees and asylum seekers2494,
and
to work with all countries, particularly the
two Statelessness Conventions, to learn
together, increase capacities, and exchange
technology in addressing statelessness.2495
On this, significant advancements towards
these goals are yet to be seen from Indonesia.
REPORT 2024
223
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