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Winnovative HTML to PDF Converter for .NET Email not displaying correctly? Click here to view it in your browser. NTS Alert February 2010 (Issue 1) UNDERSTANDING STATELESSNESS: ISSUES, CHALLENGES AND OPPORTUNITIES In 2008 and 2009, there were numerous reports in the international media of Rohingya, a Muslim minority group from Myanmar, attempting to escape from Myanmar to Thailand and Malaysia, via perilous boat journeys. After being ‘pushed back’ by Thai authorities, there was pressure on ASEAN and the Bali Process for People Smuggling, Trafficking in Persons and Related Transnational Crime, to address the root cause of statelessness. The aim of this NTS alert is to analyse the problem of statelessness, giving an overview at both global and regional levels and tracing its causes and consequences. In addition, this alert explains the significance of statelessness under international law, highlights cases in Southeast and South Asia, and concludes by reviewing the types of solutions that have potential for being effective. Contents: Introduction Recent events involving Rohingyas have once again brought international attention to the issue l Introduction l The Problem of Statelessness of statelessness in Southeast Asia. Between 18 and 30 December 2008, the Royal Thai Navy l Statelessness as a Problem pushed out to sea at least 992 Rohingyas who attempted to enter Thailand after fleeing under International Law Myanmar. TIME reported that the first group of 412 people sailed for 12 days in a contingent of Overview of Global and Regional l two boats. The Thai navy intercepted them and moved them to a barren isle off the Thai Trends mainland. They were later towed back to sea in a boat, which drifted for 10 days and 10 nights. l Conclusion The Indian coast guard rescued 107 of them on December 27 whereas more than 300 of them were believed to have drowned. Another group of 580, arrested around December 30, was put The NTS Alert Team into four boats whose engines were removed, then towed together and abandoned at sea. Of Mely Caballero­Anthony, Priyanka Bhalla this group, one boat with 193 onboard was rescued in Indonesia's Sabang Island in Aceh on and Pau Khan Khup Hangzo. January 7, and another boat with 150 onboard was rescued in Tillanchang Island, Andaman and Nicobar of India, on January 10. Two boats with a total of 237 people are reportedly missing. n Consortium of NTS Studies in Asia n Centre for NTS Studies Figure 1 Map of UNHCR offices in South and Southeast Asia Rohingyas as well as other ethnic groups fleeing Myanmar to escape oppression or to find a better life elsewhere is not a new phenomenon. What was new, according to Human Rights Watch, was that between January and February 2009, the plight of Rohingyas was for the first time captured on camera and disseminated widely. These pictures captured by tourists showed hundreds of Rohingya men lying, head first, in rows along the beach guarded by armed Thai authorities, including police, navy and national park service officials. They appeared first in the South China Morning Post on 15 January 2009 and later in the BBC and then CNN. What followed was an international condemnation of Thailand’s ‘push­back’ policy. The Thai government, however, stood by its official policy of deporting Rohingyas, as they arrived illegally, and refused to recognise them as refugees or asylum seekers. While issues like migration, human trafficking and transnational crime have been discussed at great length by regional multilateral forums like the Association of South East Asian Nations (ASEAN), the issue of statelessness itself has not been adequately addressed and is still poorly understood in the region. According to the United Nations High Commission for Refugees (UNHCR) report 2008 Global Trends: Refugees, Asylum­ seekers, Returnees, Internally Displaced and Stateless Persons, Southeast Asia has the world’s largest stateless population. 4.3 million of the world’s 6.6 million stateless population are to be found in the region with Thailand alone hosting an estimated 3 million Source: UNHCR Global Appeal 2010­2011. Available at stateless people. The Rohingyas are just one <http://www.unhcr.org/ga10/index.html#/asia/pacific>. group of stateless people in the region. ^ To the top The Problem of Statelessness Who are the stateless? For the majority of the world’s population, citizenship and nationality are taken for granted. Owning a birth certificate and/or passport gives many of us access to precious economic, political and social rights, which are supposed to be available for all. Article 15 of the Universal Declaration of Human Rights (UDHR) states that everyone has a right to nationality and that no one shall be deprived of having a nationality or changing their nationality. Stateless people lack identity documentation, and often live in a precarious situation, on the margins of society. A stateless person is defined by the UNHCR as someone without nationality or citizenship. The majority of stateless persons are not refugees or asylum seekers, however, in some cases they can be if a state decides to recognise them as such. Often they are part of a repressed minority group within a state, for example Rohingyas in Myanmar, the Roma in Romania or the Bidun in Jordan. There are two types of stateless persons, the de jure and de facto stateless. The de jure stateless are not recognised as nationals under the laws of any country, whereas de facto stateless persons have legal nationality, but they cannot prove it either due to lack of documentation or because it is not effective (Weissbrodt and Collins, 2006). De jurestateless persons could be members of repressed minority groups, who may have been nationals of the country they inhabit, at one time, but had their citizenship revoked during a time of political change in that country. De facto stateless persons are often children who were never registered at birth. De facto stateless persons also have problems in proving their former nationality, for lack of proper documentation or certificates. It should be noted that there are often situations when it is difficult to distinguish between de jure and de facto statelessness. UNHCR further emphasizes: Stateless people face numerous difficulties in their daily lives: they lack access to health care, education, property rights and the ability to move freely. They are also vulnerable to arbitrary treatment and crimes like trafficking. Their marginalisation can create tensions in society and lead to instability at an international level, including, in extreme cases, conflict and displacement. Why are they stateless? 1. Political change and discrimination: The persecution of ethnic nationalities in Myanmar started during the 1962 coup d’etat. It took place for two primary reasons: (1) The Myanmar military was afraid of a state break up and (2) it wanted to strengthen the socialist and economic base in Myanmar by getting rid of foreign dominance (Steinberg, 2010). One of the ethnic groups most severely affected by this policy were Rohingyas, who have been systematically discriminated against to this day. As a result of the harsh treatment they face, hundreds of thousands of Rohingyas have fled to Bangladesh, Thailand or Malaysia. Within Myanmar, they are restricted to the North Arakan region, and remain stateless, as the government of Myanmar refuses to issue them citizenship. 2. Trafficking: In 2001, the United Nations Educational, Cultural and Scientific Organization (UNESCO) in Thailand identified the lack of citizenship as the ‘single greatest risk factor for highland minority girls and women in Thailand’ (A Right to Belong, 2002). When a person is stateless, it is only possible to find work in the informal sector, which creates more risk, exploitation and vulnerability. In the 2009 US Department of State ‘Trafficking in Persons’ Report, the link between statelessness and trafficking is further elaborated upon: Stateless populations are easy targets for forced labor, land confiscation, displacement, and other forms of persecution and exploitation. Without a nationality or legal citizenship, they may lack protection from police or access to systems of justice. In their desperate struggle for survival, stateless people often turn to human smugglers and traffickers to help them escape discrimination or government persecution. They become victims again and again as the problems of statelessness, refugee issues, and trafficking intersect. Rohingyas are a prime example, as they have been victims of traffickers, while trying to escape repression in Myanmar. 3. Laws regulating marriage: In Vietnam, many women had to renounce their Vietnamese citizenship when marrying a foreigner, usually Taiwanese, South Korean or Chinese men. If the marriage resulted in divorce, they would find themselves stateless, as the old law did not require these women to gain another nationality before they had to renounce their Vietnamese one. However, a new law has recently been passed in Vietnam, which allows dual citizenship and does not allow a Vietnamese person to renounce their own citizenship, unless they have gained a new one (McKinsey, 2009). 4. Failure to register children at birth: There are an estimated one million stateless children in Thailand. Previously, Thai law did not allow migrants to register their children, if they were born in Thailand. However, in 2008 the Thai government amended this law, stating that all children born in Thailand, regardless of the parents’ legal status, could be registered (Thawdar, 2009). 5. Nationality based solely on descent: In some countries, such as the United States, nationality at birth is based on jus solis . This means that if a child is born in the US, they receive American nationality, regardless of the parents’ nationality. In other countries, however, nationality is based on jus sanguine , meaning that a child receives nationality based on descent and not on place of birth. Before the Nepal Citizenship Act was instated in 2006, Nepali nationality could only be passed on by the Nepali father.
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