SUB-REGIONAL OVERVIEW: THE PACIFIC The entire reported stateless population in Nauru comprises Rohingya refugees from Myanmar. Since 2012, the governments of Australia and Nauru have had a contract allowing for Australia to utilise Nauru as a ‘regional processing centre’ for refugees that arrived in Australia via boat. to utilise Nauru as a ‘regional processing centre’ for refugees that arrived in Australia via boat.1633 In July of 2013, Australia began forcibly transferring refugees and asylum seekers into Nauru as well as Papua New Guinea.1634 This process has been condemned by UN bodies, NGOs and refugee advocates.1635 As part of this contract and a similar contract with the government of Papua New Guinea, more than 4,000 refugees were sent to Nauru and Manus Island, Papua New Guinea by the Australian government.1636 While Manus Island Detention Centre was closed in 2016, the Australian government has signed a deal with the government of Nauru to keep the detention centre on Nauru open indefinitely for future boat arrivals.1637 The last refugee on Nauru as a part of this policy was evacuated in June of 2023.1638 At least 14 people died as a result of this offshore processing system, half of which were from suicide.1639 The detention facilities have been described as ‘prison-like’. Those who were transferred to Nauru spent at least one year in crowded vinyl tents which reached indoor temperatures of 45-50 degrees Celsius (113-122 degrees Fahrenheit) and subjected the detainees to torrential rains and flooding.1640 Further, personal items including food and sewing needles SUB-REGIONAL OVERVIEW: THE PACIFIC were routinely confiscated from detainees and sanitation facilities were unsanitary and access to them was restricted.1641 Causes of Statelessness Lack of legal safeguards against childhood statelessness Nauru’s legislation provides automatic citizenship to “a person born in the Republic on or after 31 January 1968” if they would otherwise be stateless.1642 Therefore, stateless persons born in Nauru have access to Nauru citizenship. Due to the fact that stateless persons in Nauru became stateless before arriving in Nauru, this legislation does not effectively prevent statelessness in the country. Administrative barriers As of 2013, Nauru reported a 96% birth registration rate.1643 Nauru has consistently reported birth registration rates over 90%, which can be attributed to the fact that births occur predominantly in the main hospital on the main island, which collaborates closely with the Civil Registry Office, facilitated by a well-established process involving the issuance of letters to parents and financial incentives.1644 The small rate of births that remain unregistered require further investigation.1645 As of 2013, Nauru reported a 96% birth registration rate. New Zealand Laws Citizenship Law Jus sanguinis provisions The citizenship laws of New Zealand operate broadly through jus sanguinis structures. However, there is variance in treatment of children born in and outside of the territory of New Zealand. Children born to citizens of New Zealand in New Zealand are considered citizens at birth.1646 Citizens at birth are able to confer their nationality to their children, even if their child is born outside of the territory of New Zealand.1647 However, children born outside of New Zealand are considered citizens by descent and can only acquire citizenship of New Zealand if their parents are citizens by birth.1648 Children born in the territory who would otherwise be stateless will also be granted citizenship automatically.1649 The citizenship law of New Zealand does contain a safeguard for children born outside of New Zealand to citizens by descent who would otherwise be stateless.1650 Newborn foundlings are provided citizenship by birth in New Zealand if investigations fail to find one of the child’s parents.1651 The Minister of Internal Affairs may further grant citizenship to anyone in the territory who would otherwise be stateless.1652 No definition of statelessness is included in the citizenship law of New Zealand, and there is no specific statelessness determination procedure. The citizenship laws of New Zealand operate broadly through jus sanguinis structures. The citizenship law of New Zealand does contain a safeguard for children born outside of New Zealand to citizens by descent who would otherwise be stateless. Newborn foundlings are provided citizenship by birth in New Zealand if investigations fail to find one of the child’s parents. Naturalized citizenship There is a process for naturalization available for those who meet the eligibility requirements, which include being 16 years of age, able to legally reside in New Zealand indefinitely 144 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 145

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