certificates. The ongoing efforts of the SITF will therefore provide an opportunity to work on the
prevention and reduction of cases of statelessness, while also ensuring that this population –
including any persons who may currently be stateless – is included in social and development
projects which will help to improve their enjoyment of a wide range of rights.182
In some cases, direct assistance may be necessary to tackle the extreme vulnerability that can
characterise stateless populations. For instance, in Myanmar, the situation of stateless residents of
northern Rakhine State is such that extensive humanitarian aid programmes have been initiated to
redress their plight.183 A Common Humanitarian Action Plan is now being developed to coordinate the
delivery of much-needed assistance by government authorities, UN agencies and NGOs in five areas –
agriculture and food security, education, health and nutrition, infrastructure and water and sanitation.184
Such efforts have an immediate and indispensable impact on the enjoyment of rights by the persons
concerned. In other cases, the protection of stateless persons may be promoted by raising awareness of
existing opportunities to participate in government programmes and access public services. For
example, in Thailand, a range of projects have been instituted to inform children and families affected
by statelessness of their rights under Thai and international law.185
6.4 Challenges in the protection of stateless persons
The protection situation of stateless populations remains a subject of concern. In the ASEAN region, as
elsewhere, stateless persons continue to face significant obstacles in the practical enjoyment of their
rights and can find themselves politically, socially and economically marginalised. Among the common
problems experienced are restrictions on land or property ownership;186 limited access to education,
especially beyond primary level;187 difficulties in lawfully contracting a marriage;188 and obstacles to
182
Special Implementation Taskforce for Indian community, Bernama [Malaysia], 12 April 2010; Task force shows
government’s commitment in aiding Indians, Indian Today [Malaysia], 13 April 2010; Special task force for Indians swings
into action, The Malaysian Insider [Malaysia], 12 August 2010; Task Force for Indians moves into high gear, Bernama
[Malaysia], 20 September 2010; Najib’s special task force woos 2,000 Indian, The Malaysian Insider [Malaysia], 26
September 2010.
183
Human Rights Watch, Perilous Plight: Burma’s Rohingya take to the seas, 2009; Myanmar: Tentative steps towards
Rohingya rehabilitation, Integrated Regional Information Networks [International News Agency], 24 February 2010; UN
Human Rights Council, Progress report of the Special Rapporteur on the situation of human rights in Myanmar,
A/HRC/13/48, 10 March 2010.
184
UNHCR, UNHCR Global Report 2008 – Myanmar, June 2009; Myanmar: Tentative steps towards Rohingya rehabilitation,
Integrated Regional Information Networks [International News Agency], 24 February 2010.
185
These initiatives include a human rights caravan project by the National Human Rights Commission; various initiatives by
the Payap University Faculty of Law, including UNICEF-supported “Stateless Classrooms”; and ongoing work by Stateless
Watch for Research and Development Institute of Thailand. See Abhisit urges rights awareness, Bangkok Post [Thailand], 17
March 2009; The Stateless Classroom, Bangkok Post [Thailand], 23 June 2009.
186
Non-nationals often face restrictions in the enjoyment of certain property rights. See, for instance, US Department of State,
2009 Country Reports on Human Rights Practices – Vietnam, 11 March 2010; Minority Rights Group International, World
Directory of Minorities and Indigenous Peoples – Brunei Darussalam: Chinese, 2008; US Department of State, 2009 Country
Reports on Human Rights Practices – Bruenei Darussalam, 11 March 2010; US Department of State, 2009 Country Reports
on Human Rights Practices – Cambodia, 11 March 2010; Committee on the Elimination of Racial Discrimination, Reports
submitted by state parties: Cambodia, CERD/C/KHM/8-13, 15 June 2009; UN Human Rights Council, National report
submitted in accordance with Paragraph 15 (a) of the annex to Human Rights Council resolution 5/1 – Cambodia,
A/HRC/WG.6/6/KHM/1, 16 September 2009; US Department of State, 2009 Country Reports on Human Rights Practices –
Malaysia, 11 March 2010.
187
For instance, in Brunei Darussalam, while primary education is free for citizens and permanent residents, reports indicate
that secondary education fees of B$140 (approx. 100 USD) per month are required for non-citizens and university fees for noncitizens are B$2800-3500 (approx. 2000-2500 USD). US Department of State, 2008 Country Reports on Human Rights
Practices – Brunei Darussalam, 25 February 2009; US Department of State, 2009 Country Reports on Human Rights
Practices – Bruenei Darussalam, 11 March 2010.
188
In Indonesia, for example, stateless persons commonly feel that they must employ the services of a middleman to sort out
the necessary marriage paperwork but brokerage fees can be prohibitively high which may deter people from getting married at
all. See Tales of stateless, foreigner status Jakartan Chinese, The Jakarta Post, 12 February 2010. In Myanmar, stateless
residents of Northern Rakhine State require official permission to marry – a procedure that can be costly and take up to several
years to complete. US Department of State, 2009 Country Reports on Human Rights Practices – Burma, 11 March 2010. Note,
however, that the Myanmar Supreme Court has now overturned two convictions for illegal marriage, illustrating the role of the
judiciary in safeguarding the rights of stateless persons. UN Human Rights Council, Progress report of the Special Rapporteur
on the situation of human rights in Myanmar, A/HRC/13/48, 10 March 2010.
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