REGIONAL OVERVIEW
of the State only if both parents are considered
citizens or, in the case of Myanmar, “nationals”.46
Brunei, Myanmar, and Palau contain restrictions
in their citizenship laws based on ethnicity.47 The
laws of the Maldives and India contain provisions
that limit access to citizenship based on religious
grounds.48
The laws of five States (Brunei, Kiribati, Malaysia,
Singapore and Nepal) contain provisions that
inhibit the ability of women to confer nationality
to their children on the same grounds as men.49
Additionally, the citizenship laws of the Maldives
may contain gender discriminatory provisions,
however, limited information is available on the
same.50 The laws of nine States (Bangladesh,
Brunei, Kiribati, Malaysia, Nepal, Pakistan,
the Philippines (for naturalized women only),
Singapore and Thailand) limit the ability of married
women to confer their nationality onto foreign
spouses on the same basis as men.51 Solomon
Islands also contains some gender discriminatory
provisions as foreign women are required to gain
the consent of their husband in order to apply for
citizenship and women who have jointly adopted
a child cannot apply for citizenship for their child
(the father must do so).52
The laws of five States (Brunei, Kiribati, Malaysia,
Singapore and Nepal) contain provisions that inhibit
the ability of women to confer nationality to their
children on the same grounds as men.
The laws of nine States (Bangladesh, Brunei, Kiribati,
Malaysia, Nepal, Pakistan, the Philippines (for
naturalized women only), Singapore and Thailand)
limit the ability of married women to confer their
nationality onto foreign spouses on the same basis as
men.
Naturalized citizenship
Stateless persons are ineligible for naturalized
citizenship in 7 States of the Asia-Pacific (Fiji53,
22
REGIONAL OVERVIEW
India54, Myanmar55, Nepal56, Palau57, South Korea58,
and Tonga59). Due to certain requirements that are
unlikely for stateless persons to be able to meet
in China and Hong Kong (must provide copy of
passport in application60), New Zealand (being able
to indefinitely reside in the country61), and Kiribati
(cannot be liable for deportation62), stateless
persons are unlikely to be eligible for naturalization
in these countries. In Sri Lanka, stateless persons
have limited access to naturalization as only those
who are descendents of a citizen, have married a
citizen, or have provided a distinguished service to
the country are eligible for naturalization.63
Stateless persons may be eligible for the standard
naturalization procedure in 26 of the 45 States in the
region (Afghanistan, Bangladesh, Bhutan, Brunei,
Cambodia, Indonesia, Kazakhstan, Laos, Malaysia,
the Maldives, Marshall Islands, Micronesia,
Mongolia, Pakistan, Papua New Guinea, Nauru,
North Korea, Samoa, Solomon Islands, Singapore,
Taiwan, Thailand, Timor-Leste, Turkmenistan,
Tuvalu, and Vanuatu) if they meet the application
requirements. However, significant barriers to
meeting the application requirements exist for
stateless persons in Kazakhstan (must provide
documentary proof of absence or termination of
citizenship of another State)64 and Solomon Islands
(extensive documentation required65) and Brunei
(extremely long waits to hear of decisions)66. While
stateless persons are not eligible for the standard
naturalization process in Japan, a separate
naturalization process is available for ‘aliens’.67
Only 6 States in the Asia-Pacific (Australia,
Kyrgyzstan, the Philippines, Tajikistan, Uzbekistan
and Viet Nam) provide a simplified and/or
expedited procedure of naturalization for stateless
persons. An expedited process is available to
stateless persons in Tajikistan, where stateless
persons may apply for naturalization at half the
required period of permanent residence (two and
a half years).68 Stateless persons may be eligible
to apply for a simplified process in Australia69,
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Uzbekistan (only for stateless persons who are
direct descendents of an Uzbek citizen)70, and Viet
Nam71. In Viet Nam, the requirement of all identity
documents for those who do not have such
documentation is waived for stateless persons
who had resided in the country for at least 20 years
by 2009.72 In order to be eligible for the simplified
process in Australia, the only requirement is
that the stateless person is not and has never
been entitled to citizenship of another country.73
Kyrgyzstan74 and the Philippines75 provide both a
simplified and expedited process of naturalization
to stateless persons. In Kyrgyzstan, the simplified
process available to certain categories of stateless
persons removes some of the requirements
of the standard process as well as reduces the
required period of residency to one year or less.76
The Philippines has a similar progressive process
available for stateless persons who have resided in
the Philippines for at least 10 years, are financially
stable, of good moral character, and can speak and
write in one of the principal Philippine languages.77
Only 6 States in the Asia-Pacific (Australia,
Kyrgyzstan, the Philippines, Tajikistan, Uzbekistan
and Viet Nam) provide a simplified and/or expedited
procedure of naturalization for stateless persons.
Dual citizenship
Dual citizenship is permitted in 10 of the 45
countries of the Asia-Pacific, including Australia,
Cambodia, Fiji, the Maldives, Nauru, New
Zealand, Palau, Solomon Islands, Timor-Leste
and Vanuatu.78 In 22 States (Afghanistan, Bhutan,
Brunei, China, Hong Kong, India, Indonesia, Japan,
Kazakhstan, Kiribati, Kyrgyzstan, Malaysia,
Marshall Islands, Myanmar, Mongolia, Nepal,
North Korea, Singapore, Tajikistan, Turkmenistan,
Tuvalu, and Uzbekistan), dual citizenship is
generally not recognized.79
Dual citizenship is only permitted under certain
circumstances in 13 States, including Bangladesh,
Laos, Micronesia, Pakistan, Papua New Guinea, the
Philippines, Samoa, South Korea, Sri Lanka, Taiwan,
Thailand, Tonga, and Viet Nam. In Bangladesh80,
Pakistan81, and Micronesia82, dual citizenship is
permitted only with certain approved countries.
Dual citizenship is permitted in Papua New Guinea
by submission of an application83, and in Sri Lanka
by making a declaration84. In Laos, the Philippines,
South Korea, Thailand, and Viet Nam, dual
citizenship is only permitted for certain groups.
Only those of the Lao race who acquire citizenship
by request are able to maintain dual citizenship in
Laos.85 In the Philippines, dual citizenship is only
permitted for natural-born citizens who have
earlier lost their Philippine citizenship by reason
of acquisition of foreign citizenship.86 In Vietnam,
only those who are a spouse, natural parent or
natural offspring of Vietnamese citizens, have
made meritorious contributions to Viet Nam’s
development and defense, or have outstanding
talents that will be useful for Viet Nam are
eligible to keep their prior citizenship after being
granted naturalized citizenship.87 Taiwan allows
dual nationality only for foreign nationals who
have made “special contributions to Taiwanese
society” and are “high-level foreign professionals”
in certain fields.88 Finally, South Korea permits
dual citizenship for children born to South Korean
parents outside the territory of Korea, marriage
migrants, naturalized foreigners of outstanding
talent and those who previously held Korean
citizenship.89
Samoa and Tonga do not provide provisions
stipulating dual citizenship in citizenship
legislation. Brunei’s citizenship legislation notably
contains gender discriminatory provisions relating
to dual citizenship, as women who acquire a
foreign citizenship through marriage will cease to
Brunei’s citizenship legislation notably contains
gender discriminatory provisions relating to dual
citizenship, as women who acquire a foreign
citizenship through marriage will cease to be Brunei
citizens.
REPORT 2024
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