Regional Workshop on Statelessness and the Rights of Women and Children
The third reform aimed at achieving gender equality in nationality law.
Previously the law allowed only male citizens to convey citizenship; in
contrast, the new law provides that either the mother or the father can pass
on Indonesian nationality to their children by descent. This change
significantly lowers the risk of statelessness among children of Indonesian
mothers whose fathers are non-nationals.
It is important to note that Indonesia is not alone in improving the gender
equality of its nationality law. For example, in 2004, Singapore amended its
Constitution to enable women to convey nationality to children born abroad,
thereby ensuring that its legal system offers both women and men full and
equal rights with respect to transmitting citizenship by descent. In addition
to granting additional social and legal protection to Singaporean women
who have children abroad — and assuring that these children will not be
stateless —these reforms also allowed Singapore to lift its reservation to
CEDAW Article 9(2). This provision requires that States parties adopt genderneutral policies with respect to the acquisition of nationality by descent.
Reduction: Resolving situation of stateless
people
Reduction of statelessness is achieved through granting or confirming a
nationality to stateless individuals and documenting them as nationals of a
particular State. Resolving current cases of statelessness also serves as a
preventive measure for following generations who can subsequently acquire
the nationality of their
parents by descent. The
good practices in the
reduction of statelessness
by ASEAN Member States
discussed during the
Workshop included the
restoration of nationality
to former citizens, the
registration of persons
who lack documents to
confirm nationality and
the naturalization of longterm residents.
Some of the former Cambodian refugees who
received their citizenship certificates at a
ceremony held in Ho Chi Minh City in July
2010. ©UNHCR/A. T. Lieu
14
Viet Nam has led efforts
to restore nationality to
former citizens. A
significant number of