Commission on Human Rights (AICHR) observes that this Declaration,
together with other related declarations, as well as the binding international standards described above, suggest that ‘AICHR’s mandate to
promote and protect the human rights of all ASEAN peoples extends to
addressing the causes and consequences of statelessness within this
framework.’68 Yet in practice national law is far more instrumental in
relation to the causes and consequences of statelessness than either
international or regional standards in Asia.
1.4.3 National Law
The study of nationality laws is an important aspect in much of the
research on statelessness, including in Asia. Many scholars, including
those in this volume, have grappled with the complex and changing laws
and regulations governing nationality in individual Asian countries.
Moreover, not all laws and regulations are easily accessible in many
Asian countries. A comprehensive database by the Global Citizenship
Observatory (GLOBALCIT) combined with analytical country reports
now provides access to the nationality laws of most countries in the
region.69 This has greatly facilitated legal research on citizenship and
statelessness in a region that lacks a common lingua franca, compared
with Latin America (Spanish), the sub-Saharan Africa (English, French,
Portuguese) or the MENA region (Arabic). Language issues have frequently posed barriers to cross-country comparative research on Asia,
although certain subregional exceptions exist due to common colonial
experiences, such as in Central Asia (Russian) and South Asia (English).
Yet, behind the veil of relatively well-developed legal frameworks is the
often-different reality of implementation and practice in the region.
Many countries in the region, such as Cambodia and Myanmar, find
themselves at the bottom of rule of law indices.70 The discrepancies
UNHCR, ‘Regional Workshop on Statelessness and the Rights of Women and Children’
(Report, November 2021) <www.refworld.org/pdfid/50f674c42.pdf> accessed 13 September
2023; see also Sriprapha Petcharamesree and Bongkot Napaumporn, ‘Legal Identity of All
Women and Children in ASEAN: A Regional Synthesis’ (Report, ACWC and UNHCR
November 2020) <https://asean.org/book/legal-identity-of-all-women-and-children-inasean-a-regional-synthesis/> accessed 13 September 2023.
69
Country profiles can be accessed at GLOBALCIT, ‘Country Profiles’ <https://globalcit
.eu/country-profiles/>.
70
See World Justice Project, ‘Rule of Law Index’ (2022) <https://worldjusticeproject.org/
rule-of-law-index/> accessed 13 September 2023.
68
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press