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 23

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