SUB-REGIONAL OVERVIEW: THE PACIFIC SUB-REGIONAL OVERVIEW: THE PACIFIC TABLE 34 Ratification of International laws relating to statelessness by the countries the Pacific Country Fiji ✅ ⛔ 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 have the right to appeal a negative decision within 14 days of the decision notification.1494 Dual citizenship Multiple citizenship is recognized in Fiji.1495 Treaty ratification status Fiji has one of the highest rates of treaty accession in the entire Asia Pacific region and is one of only six states in the Asia-Pacific that are party to the 1954 Statelessness Convention. The only relevant treaty body which Fiji has yet to ratify is the 1961 Convention on the Reduction of Statelessness. Fiji made no relevant reservations on the treaties it has ratified. 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 Population In 1945, following the environmental destruction of their Island home by phosphorus mining and conflict during World War II, the Banaban communities from Kiribati were relocated to Rabi Island in Fiji. This decision was undertaken largely without the community’s consent. The Banaban community are now considered citizens of Fiji and have rights of residence in Kiribati.1500 According to UNHCR reports, the Pacific Islands host more than 11,800 persons of concern for statelessness, the majority of them residing in Fiji and Papua New Guinea. Reported stateless persons In 2014, concluding observations by the CRC Committee expressed concerns regarding the requirement of fees in birth registration, including additional late fees as well as the decline in birth registration in remote islands.1496 It was recommended that Fiji implement an awarenessraising campaign on the importance of birth registration in remote areas as well as remove all fees related to registering births.1497 As a party to the CRC, Fiji is bound to ensure that every birth is registered immediately.1498 Under this treaty, it is also responsible for ensuring that no child is left stateless in its territory1499. However, the national legislation needs improvement to ensure protections for children born to stateless and/or foreign parents in the territory. 130 Causes of Statelessness Administrative barriers Lack of legal safeguards against childhood statelessness Fiji reported a birth registration rate of 86% as of 2021.1509 A birth certificate is required for making an application for citizenship by registration as well as naturalization.1510 Birth registration must be done within 2 months of the date of birth and can only be done by the father, unless in the case of the death, inability or illness of the father.1511 There is a fee required for birth registration in Fiji, including a late registration penalty fee.1512 UNHCR has recommended that the penalty fee be removed to provide better access to birth registration.1513 In Fiji, the citizenship laws provide that abandoned children are considered to be born in Fiji in absence of proof of the contrary and in turn are able to access citizenship by birth.1505 However, the CRC has noted that this provision does not protect children ‘whom it can be proven that they have not been born in Fiji, but whose nationality can nevertheless not be established.’1506 Fiji’s citizenship laws do include provisions to provide citizenship to stateless children born in Fiji or to Fijian parents between 1990 and 2009 in what appears to be an attempt to remedy gaps in previous citizenship laws.1507 Due to the requirement of one parent being a citizen in Fiji’s jus soli provisions, children born to stateless and/ or foreign parents within the territory are not protected from statelessness.1508 Due to the requirement of one parent being a citizen in Fiji’s jus soli provisions, children born to stateless and/or foreign parents within the territory are not protected from statelessness. UNESCAP researchers found that wealth of households and maternal age and education level are key factors influencing levels of birth registration among Fijian children.1514 i-Taukei speaking households also demonstrated notable disparities in birth registration rates compared to other groups.1515 The births of children born in rural areas are also less likely to be registered due to the distance and travel costs to administrative offices.1516 Fiji reported a birth registration rate of 86% as of 2021. Fiji reported zero stateless persons to UNHCR in 2020 and 2021.1501 Fiji did not report stateless population data at all in 2019 or 2022.1502 According to UNHCR reports, the Pacific Islands host more than 11,800 persons of concern for statelessness, the majority of them residing in Fiji and Papua New Guinea.1503 Persons at risk of statelessness Children born to stateless and/or foreign parents and children proven to be born in Fiji whose nationality is undetermined are at risk of statelessness because of gaps in the citizenship legislation of Fiji.1504 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 131