full participation in the labour market.189 Stateless persons are also vulnerable to detention, which may become prolonged or indefinite.190 Furthermore, stateless persons are generally excluded from political rights, making it hard for them to voice their concerns and influence policies that affect them.191 Nevertheless, the good practices highlighted above show that ASEAN states have been able to implement a number of significant measures to promote the protection of stateless persons. The challenge is to consolidate these often ad hoc efforts and establish a comprehensive protection regime that has been tailored to the particular needs of stateless persons. For instance, while authorities have used their discretion under the law to address the status of some stateless populations whose situation has come to their attention, this approach does not guarantee all stateless persons access to a stable legal status now and in the future. Greater effort is needed to identify stateless persons, accord them an appropriate legal status and issue them with personal documentation. The importance of these steps to ensure effective protection of the rights of stateless persons must not be underestimated. States should therefore give renewed consideration to acceding to the 1954 Convention relating to the Status of Stateless Persons.192 Regardless of accession, states need to look at the possibility of granting “stateless person status” to individuals who have been identified as stateless, be it through the establishment of dedicated status determination procedures or in another context. This will help to guarantee their enjoyment of fundamental rights in accordance with human rights law. 7. Reflections on statelessness in South East Asia Statelessness is a matter of concern to South East Asian states. A variety of historic, legal, political, social and economic circumstances in the region have contributed to the existence of populations who do not enjoy the legal bond of nationality with any state. This presents a serious obstacle to the exercise of fundamental rights by the individuals affected. It can also lead to significant hardship for families, interfere with the social fabric of communities and even strain inter-state relations if problems spill over from one country to the next. By contrast, addressing statelessness can help to prevent forced displacement, avert social tension and boost human capital.193 With a growing interest in statelessness at the national, regional and global level, the acknowledgement that there is a need to tackle the problem must now be translated into further practical strategies and solutions. This is where good practices come in. Highlighting existing efforts for the identification, prevention and reduction of statelessness and the protection of stateless persons will help to inform future policies, by showing what can be achieved and 189 In Lao PDR, membership of trade unions is restricted to those who hold Lao nationality. International Trade Union Confederation, 2008 Annual Survey of violations of trade union rights – Laos, 20 November 2008. In Malaysia, lack of access to the regular employment market has reportedly forced some stateless persons to resort to 3D jobs (dirty, dangerous and difficult), to begging or to criminal activities and prostitution. L. Koya, “Statelessness in Malaysia” in S. Nagarajan (ed.) SUHAKAM after 5 years: State of human rights in Malaysia, 2006; US Department of State, 2009 Country Reports on Human Rights Practices – Malaysia, 11 March 2010. 190 See, for instance, Equal Rights Trust, Unravelling Anomaly. Detention, discrimination and the protection needs of stateless persons, 2010. 191 Under international human rights law, political participation is an area in which rights may legitimately be reserved for citizens of the state. See, for instance, article 25 of the International Covenant on Civil and Political Rights. An interesting exception can be found in Myanmar where, despite not being recognised as nationals, Muslim residents of northern Rakhine State could vote in the 1990 elections and the 2008 constitutional referendum. They will also be eligible to vote in the 2010 elections. In practice, a Temporary Registration Certificate may be required to cast their ballot, illustrating again the fundamental link between access to personal documentation and the enjoyment of rights by stateless persons. Note that the right to stand for election remains reserved to citizens both of whose parents were citizens. Amnesty International, Myanmar: travesties of justice – Continued misuse of the legal system, 12 December 2005; US Department of State, 2008 Country Reports on Human Rights Practices – Burma, 25 February 2009; UNHCR, UNHCR Global Report 2008 – Myanmar, June 2009; International Crisis Group, The Myanmar elections, Asia Briefing No. 105, 27 May 2010; UNHCR, UNHCR Global Report 2009 – Myanmar, 1 June 2010. 192 This instrument provides, among others, a legal framework for the issuance of identity and travel documents to stateless persons. 193 In Viet Nam, for instance, economic development and human capital considerations were taken into account as the country moved towards a policy of accepting dual nationality. Vietnam to allow dual nationality, AFP [International News Agency], 14 November 2008. Recall also that in Malaysia, promoting access to education for stateless children was seen as a low-cost policy that could have a significant impact in terms of generating human capital for the state. Ensuring education for all, New Straits Times [Malaysia], 20 July 2010; Government to ensure stateless children get education: DPM, Bernama [Malaysia], 20 July 2010; Muhyiddin: Kids without papers will get access to education, The Star Online [Malaysia], 21 July 2010. 29