the UNHCR in 2014, they nonetheless stand in stark contrast to the
147 parties to the Refugee Convention and/or its 1967 Protocol.48
Even by the standards of the low ratification numbers for the two
statelessness conventions, the rate of ratification among states in Asia is
even more dismal. As in the case of the Refugee Convention, neither
treaty concerning statelessness enjoys much support in Asia. Indeed,
even for the Refugee Convention, ratification has been low, with only
eleven states in Asia having ratified. Subregionally, the accession rate for
the Refugee Convention is highest among Central Asian countries, with
Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan having acceded to
the convention. Within South Asia, only Afghanistan has acceded
whereas in Southeast Asia, only Cambodia, the Philippines, and Timor
Leste are signatories. In East Asia, China, Japan and South Korea have
ratified the Refugee Convention.
For the 1954 Stateless Convention, only a total of three Asian states
have acceded to it, namely South Korea, Turkmenistan, and the
Philippines. Notably, this Convention remains applicable to Hong
Kong due to initial ratification by the United Kingdom which remains
valid as China gave notification that the Convention will continue to
apply to Hong Kong after China resumed exercising sovereignty over
Hong Kong.49 The accession/ratification rate for the 1961 Stateless
Convention is even lower in the region, with only two states in Asia
having acceded to it, namely Turkmenistan and the Philippines.
One reason commonly given for the low ratification rate for these
conventions is the lack of participation among states in Asia in their
conception and drafting. As has been observed in relation to the
1954 Stateless Convention, ‘participation in the drafting overwhelmingly
came from delegates from Western and colonial powers’.50 Twenty-seven
states were represented at the UN Conference of Plenipotentiaries on the
48
Convention relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April
1954) 189 UNTS 137, <https://treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&
mtdsg_no=V-2&chapter=5&Temp=mtdsg2&clang=_en> accessed 1 April 2024.
49
Peter McMullin Centre on Statelessness, Factsheet: Ratification of the Two UN Statelessness
Conventions in the Asia-Pacific Region (The University of Melbourne, December 2022)
<https://law.unimelb.edu.au/__data/assets/pdf_file/0011/4383668/Ratification-of-2-state
lessness-conventions_factsheet_Dec_2022.pdf> accessed 12 September 2023.
50
Betsy L. Fisher, ‘The Travaux Préparatoires of the 1954 Convention Relating to the Status
of Stateless Persons’ (1 March 2022) xii <https://dx.doi.org/10.2139/ssrn.4037774>
accessed 12 September 2023.
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press