Indonesia’s Pledges to End
Statelessness
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
At the High-Level Segment on Statelessness in
2019, Indonesia pledged to:
increase the scope of operation and the
provision of infrastructure related to its
national citizenship registry2682
increase the utilisation of a digital platform
for citizenship registry and citizenship
documentations such as the issuance of birth
certificate and single identity number2683
enhance cooperation with UNHCR in
handling refugees and asylum seekers2684
to work with all countries, particularly the two
Statelessness Conventions, to learn together,
increase capacities, and exchange technology in
addressing statelessness2685
income, do not have prior citizenship, and have not
been convicted of a criminal offense amounting to
one year or more imprisonment.2678 A stateless
person may be eligible for this procedure if they
meet these requirements; however there is no
simplified or expedited procedure available to
stateless persons and refugees.
Dual citizenship
Dual citizenship is not recognized in Indonesia.
Foreign citizens applying for naturalization must
renounce their prior citizenship upon acquiring
Indonesian citizenship.2679 Citizens of Indonesia
may lose their citizenship through renunciation
or through the acquisition of another foreign
citizenship.2680 Though there are exceptions for
children under the age of 18 to maintain dual
citizenship, due to the principle of jus soli which
applies birthplace as the determining factor of
citizenship, once the child reaches the age of 18,
they must choose one citizenship.2681
as well as the risk of statelessness for children
born in the territory to two foreign parents who
are not eligible for nationality elsewhere.2686 In
its 2022 concluding observations, the CEDAW
Committee noted concerns over Article 41 of the
Law on Citizenship, which “excludes children who
were born to an Indonesian and a non-Indonesian
parent before 2006 from obtaining Indonesian
nationality”.2687 It was recommended that Indonesia
amend this provision to ensure that nationality is
conferred to children in this scenario.2688 As a party
to the ICCPR, Indonesia is obligated to ensure the
right to acquire a nationality.2689
Treaty ratification status
While Indonesia has not yet ratified the 1954
Convention relating to the Status of Stateless
Persons, the 1961 Convention on the Reduction
of Statelessness, or the 1951 Refugee Convention
and its 1967 Protocol, it has ratified the ICCPR,
ICESCR, ICERD, CRC, CEDAW with no relevant
reservations.
Further, the Committee on Migrant Workers
recently expressed concern regarding a large
number of unregistered births of Indonesian migrant
workers abroad, particularly those born out of
wedlock, which it attributed to lack of information,
bureaucratic obstacles and financial barriers.2690
In 2014, the CRC Committee expressed concerns
in its concluding observations regarding the
requirement of indicating a child’s religion on their
identity card, which could lead to discrimination,
TABLE 69
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
Population
Reported stateless persons
In 2022, Indonesia reported 925 stateless persons
to UNHCR.2691 The entirety of this reported
population consists of stateless Rohingya
refugees.2692 UNHCR also noted that there is
a potentially large number of unreported nondisplaced stateless persons which there is currently
no reliable data on.2693 The reported stateless
population has fluctuated since the beginning of
2019, increasing by a total of 343 persons.2694
In 2022, Indonesia reported 925 stateless persons
to UNHCR. The entirety of this reported population
consists of stateless Rohingya refugees.
English-language research into the nondisplaced stateless population in Indonesia is
limited.2695 UNHCR Indonesia, however, has
previously identified five population groups
outside of Rohingya refugees who are affected by
statelessness in Indonesia. These groups include:2696
Indonesians of Chinese Origin, due to
different historical circumstances and legal
complications, some Indonesians of Chinese
origin are stateless.
Indonesians of Indian Origin, due historical
and legal reasons where individuals of Indian
origin may also be affected by statelessness in
Indonesia.
Indonesian Migrant Workers who confront
documentation challenges or have their
citizenship status questioned may find
themselves stateless.
Exiled Indonesians who were forced to leave
Indonesia for political or other reasons face
difficulties re-establishing their citizenship
upon their return, leading to statelessness.
Undocumented Chinese Migrants who are
stateless Chinese individuals who have
migrated to Indonesia without sufficient
papers or legal standing may face statelessness.
Persons at risk of statelessness
A 2012 survey found that over 24 million children
were living without birth certificates which the
Ministry of Home Affairs in 2014 suggested that
this figure may be as high as 50 million.2697 In 2021,
birth registration rates were reported to the UN
Statistics Department to be 78%.2698 UNHCR,
treaty bodies, and academics have all expressed
concern over the risk of statelessness faced
by children excluded from birth registration in
Indonesia.2699
A 2012 survey found that over 24 million children
were living without birth certificates which the
Ministry of Home Affairs in 2014 suggested that this
figure may be as high as 50 million.
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
In 2006 Indonesia introduced a new citizenship
law removing provisions that discriminated on
both gender and ethnic grounds.2700 Under this law
both foundling children and children of stateless
TABLE 70
Status of Accession of International Human Rights Treaties in Southeast Asia
Reported stateless persons to the UNHCR
Country
Indonesia
✅
⛔
238
Stateless 1
⛔
Stateless 2
⛔
Refugee
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
⛔
ICCPR
✅
ICESCR
✅
ICERD
✅
CRC
✅
CEDAW
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Country
Cambodia
2019 (year start)2701
2020 (year end)2702
2021 (year end)2703
2022 (year end)2704
57,444
57,444
75,000
75,000
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
REPORT 2024
239
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