T

he right to nationality is a human right. Statelessness is not merely a legal problem – it is a human problem.

Around the world today there are millions of people who are not recognized as the citizens of any country. On paper they don’t exist anywhere. They are people without a nationality. They are stateless.

Within the realm of public international law, rules have evolved in response to the problem of statelessness. A definition of statelessness has also emerged. As defined by the 1954 Statelessness Convention, “a stateless person is a person who is not considered as a national by any State under the operation of its law.” While it is possible that persons who possess a nationality may sometimes still endure discrimination or lack adequate protection from their own State, this is not a case of statelessness. Rather, statelessness refers to persons whom no country in the world regards as its citizens, in name or in practice.

While statelessness has numerous causes, many of them entrenched in legalities, the consequence of living without a nationality is the stark reality of poverty, vulnerability and a life confined to the margins of society. As they are not citizens of any country, they are often denied basic rights including access to employment, housing, education and health care.

They may not be able to own property, open a bank account, get married legally, or register the birth of a child. Some face long periods of detention, because they cannot prove who they are or where they come from. Women and children remain at especially high risks of statelessness, and may consequently face increased vulnerability to violence and exploitation.

Statelessness can also place persons at risks of human trafficking, as stateless persons often cannot migrate through regular channels or work in the formal economy.

The United Nations High Commissioner for Refugees (UNHCR) is mandated to prevent and reduce statelessness. Today, on Aug. 25, UNHCR launches a campaign to shed light on this often elusive issue – aimed at decreasing the number of stateless persons worldwide and upholding the principle that all persons have the right to acquire a nationality. The campaign is launched as part of the commemoration of the 50th anniversary of the 1961 Convention on the Reduction of Statelessness on Aug. 30, 2011.

UNHCR estimates that there are up to 12 million stateless people in the world, but defining exact numbers poses significant challenges. A key step to assessing the actual magnitude of the problem is the consistent use by States of the definition of statelessness in international law, as set out under the 1954 Statelessness Convention.

Is Statelessness a relevant issue for Indonesia? Indonesia is a State party to the International Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. Both instruments establish that all children should be registered immediately after birth.

Registration of birth is a critical factor in establishing the right to a nationality in all legal systems, for the birth certificate will indicate where the child is born, making acquisition of nationality by jus soli possible, and to whom the child is born, and making acquisition of nationality by jus sanguinis possible.

Furthermore, birth registration provides children with a legally recognized identity and offers proof of their status as persons below the age of majority. This helps to ensure that children can benefit from specific protections reserved for minors under domestic and international law.

Based on the National Socio-Economic Survey 2007 (Susenas 2007) more than 45 million child births have not been registered in Indonesia. In addition, many Indonesian children born abroad to Indonesian migrant workers in neighboring countries are at risk of statelessness due to their illegal stay as the parents are reluctant to register their child due to fears of deportation.

In light of the vital role that birth registration plays in protecting children, UNHCR greatly appreciates the Government of Indonesia’s commitment to expediting the issuance of birth certificates through the Joint Ministerial Agreement of eight Ministries.

At present, statelessness may not appear as crucial as other issues faced by the country. It is an issue of increasing importance, however, as population growth in general means that the size of stateless populations is also expanding, and as increased economic development and globalization leads to the dispersal of many more of Indonesian migrant workers around the world.

The Government of Indonesia has adopted several proactive measures to reduce and prevent statelessness, especially with the 2006 Nationality Law that abolished the discriminatory provisions of the past and introduced important reforms to the country’s citizenship policy.

In the new law, references to “indigenous” or “nonindigenous” groups have been removed, thereby facilitating the confirmation of nationality for Indonesia’s ethnic minorities. Previously, many individuals of Chinese and Indian descent had faced difficulties in asserting their claim to Indonesian nationality, despite having been settled in the country for several generations.

Second, the new law established gender equality in the enjoyment of nationality rights, where women can now transmit their Indonesian nationality to their children on the same terms as men; this has lowered the risk of childhood statelessness by allowing children to acquire nationality from either parent.

Finally, the 2006 law provides critical protection against statelessness for Indonesians abroad. Under the old law, Indonesians who resided abroad for more than five years would lose their nationality if they did not declare their intention to remain a citizen. However, the new law specifies that nationality will not be lost in this manner if a person would thereby become stateless.

The UNHCR office in Indonesia has begun collective efforts with the Government and other stakeholders to jointly address the issue by holding a roundtable discussion to identify any remaining gaps in the law and in practice; reinforcing commitment among participants to address current and future obstacles to acquiring a nationality; and examining the advantages of acceding to the international statelessness instruments.

One of the most crucial initial steps is a statelessness mapping exercise which will shed light on the size and whereabouts of stateless populations, while also revealing the factors which contributed to their lack of a nationality and the everyday consequences of living without citizenship.

Moving forward, in the context of Indonesia, there is compatibility of the Constitution (Articles 26, 28) and Law No. 12/2006 on Indonesian Citizenship with key international standards, notably the 1961 Convention on the Reduction of Statelessness. The 1961 Convention gives States an effective legal framework for preventing and reducing statelessness.

This Convention does not require a contracting State to unconditionally grant nationality to any and all stateless persons, but seeks to balance the factors of birth and descent in an effort to avoid the creation of statelessness by encouraging the provision of nationality where persons have a genuine and existing connection with the State.

Accession to this instrument would help address an important cause of forced displacement; promote the rule of law; and considerably enhance the circumstances and life prospects for members of this particularly vulnerable population.

After 50 years, only 38 states are parties to the Convention. Indonesia has made significant progress in reforming its nationality law and policy. The country is now poised to act as a regional leader, and indeed a leader on the world stage, by building on these measures and taking steps to consider acceding to the international Statelessness Conventions.

The writer is the Senior Protection Officer, Officer in Charge of the United Nations High Commissioner for Refugees (UNHCR) Representation Office in Indonesia.