INTRODUCTION legal advice. While included where possible, detailed information about the implementation of countries’ legislation is scarce due to NFA’s limited partners and collaborators in the region and the fact that not all country-specific data mentioned in this report has been verified by country stakeholders. Additionally, while this report has endeavored to compile the most recent legislation on citizenship for every country in the region, English translated versions of legislative documents were utilized, which may have lead to discrepancies due to the potential for inaccurate translations. The study covers:  A comprehensive analysis of the legal frameworks of every country in the region, specifically;  identifying the method of acquisition of citizenship,  naturalization and dual citizenship requirements,  discriminatory elements, and  legal safeguards for foundlings and children born to stateless parents.  An analysis of treaty ratification by each state is included in this report, including reservations by states to relevant articles concerning access to nationality and non-discrimination in nationality rights. Specifically, the treaty ratification summary covers the treaties and protocols regarding statelessness and refugees being  Convention relating to the Status of Stateless Persons (‘1954 Statelessness Convention’),13  Convention on the Reduction of Statelessness (‘1961 Statelessness Convention’), and14  Convention relating to the Status of Refugees15 and the Protocol relating to the Status of Refugees16 (‘Refugee Convention and Protocol’).  The analysis will also cover the key human rights treaties being: 14 INTRODUCTION     International Covenant on Economic, Social and Cultural Rights (ICESCR)17  International Covenant on Civil and Political Rights (ICCPR),18  International Convention on the Elimination of All Forms of Racial Discrimination (ICERD),19  Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),20  Convention on the Rights of the Child (CRC).21 Further, the summary compiles recent concluding observations of the relevant treaty bodies, relevant information from Universal Periodic Reviews, as well as recent pledges made by countries and CSOs relating to statelessness. Subregional overviews also discuss the link between birth registration and citizenship for every country.  The concept of birth registration in this report has been used as a cause of statelessness, while recognizing that the lack of birth registration is also a result of the existing administrative barriers. The report also includes a section on stakeholders, segregated by each sub-region. Structure of SEAP The Second Edition of SEAP includes three substantive elements: a regional overview, five sub-regional overviews (with sub-regions termed as Central Asia, East Asia, the Pacific, South Asia and Southeast Asia), and 45 country factsheets for every country in the Asia-Pacific. The shortened print version consists primarily of regional and sub-regional overviews and analysis, while the electronic version consists of the compiled version, inclusive of the country factsheets above mentioned. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Each element is comprised of four sections being: A. Laws B. Population C. Causes of Statelessness D. Stakeholders 3. 4. 5. 6. 7. 8. Refugee Convention and Protocol24 ICESCR25 ICCPR26 ICERD27 CEDAW28 CRC.29 Laws This section contains two elements: first, an overview of the citizenship laws of each region, sub-region and country, and second, the treaty ratification rates of each region, sub-region and country. Citizenship laws are classified based on the means of acquisition being jus sanguinis (citizenship by descent/blood), jus soli (citizenship by birth/ territory) or a combination of the two. The report makes a distinction between jus soli and jus sanguinis modes of acquisition but recognizes the overlap between the two principles. For example, states where citizenship is gained via descent and the place of an individual’s birth has no impact on their citizenship are categorized as solely operating through jus sanguinis. Whereas, for states where descent functions as the means of acquisition but there is distinction made in the law between children born within or outside of the country, we have noted that jus sanguinis remains the predominant form of acquisition but that jus soli factors do apply. This approach is followed as, in practice, a strict distinction can be difficult to attain between the two modes of acquisition. The citizenship laws pertaining to naturalization and dual citizenship are also identified in this section with a focus on whether the process of naturalization or acquisition of dual citizenship may result in statelessness. Secondly, treaty ratification of each state is included for the eight treaties mentioned above being: 1. 1954 Statelessness Convention22 2. 1961 Statelessness Convention23 The 1954 Stateless Convention and the Refugee Convention and Protocol contain relevant definitions of “stateless person” and “refugee” (including stateless refugees), which are accepted definitions under international law (discussed further below). Both the 1954 and 1961 Stateless Conventions place obligations unto states to provide protections for stateless persons and protections against statelessness. The relevant human rights treaties are noted for two key reasons: first, for the explicit protections provided regarding the right to gain and transmit nationality without discrimination; and second, as the human rights protections within each treaty largely apply to all persons in the territory of the state, without distinction as to citizenship status. Reservations to relevant articles concerning citizenship in each of the covered human rights treaties (number four to eight above) have been noted. Countries which have signed, but not ratified a treaty body are denoted with an asterisk. The relevant articles providing protection of nationality include: ICCPR, Article 24(2)-(3): (2) Every child shall be registered immediately after birth and shall have a name (3) Every child has the right to acquire a nationality ICERD, Article 5(d)(iii): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, REPORT 2024 15

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