Law

1. Citizenship Law

a. Jus sanguinis and jus soli provisions

The citizenship law of the Marshall Islands operates through both a limited jus soli and jus sanguinis structure. Persons born in the territory of the Marshall Islands are automatically considered citizens if they are not entitled to any other citizenship. Regardless of birthplace, children born to at least one citizen of the Marshall Islands are entitled to automatic citizenship by descent. There is no explicit mention or definition of statelessness in the Marshall Islands’ citizenship legislation.

b. Naturalized Citizenship

In order to be eligible for naturalization in the Marshall Islands, the applicant must have been ordinarily resident in the territory for at least 10 years, have good character, language competency in Marshallese, respect for the customs and traditions, financial independence, and renounced their previous citizenship. No more than 10 people can be naturalized in the Marshall Islands per year. There is no simplified or expedited process of naturalization for stateless persons or refugees. There are no appeals for negative decisions.

c. Dual Citizenship

Dual citizenship is not recognized in the Marshall Islands. Those applying for naturalization must first renounce their prior citizenship in order to be eligible. The requirement to renounce prior citizenship in order to obtain Marshallese citizenship by naturalization forces applicants into an indefinite period of statelessness during the application processing and places them at risk of statelessness.

2. Treaty Ratification Status

While the Marshall Islands is not a party to either of the Stateless Conventions nor the Refugee Convention and its Protocol, it is a party to all other relevant human rights treaties, making it one of five states in the Pacific to have one so. The Marshall Islands made no reservations on these ratified treaty bodies.

In its 2018 concluding observations, the CRC Committee recommended that the Marshall Islands strengthen implementation of birth registration procedures, introduce mobile birth registration teams in the outer islands, increase awareness of the importance of birth registration, and ensure birth registration for children born to unwed and adolescent mothers. In 2020, the Maldives in the UPR for the Marshall Islands, urged the country to “strengthen its efforts to introduce birth registration procedures and issuance of birth certificates”. By ratifying the CRC, the Marshall Islands committed to ensure that every child’s birth is registered immediately.

In 2018, the CEDAW Committee too expressed concerns about the phenomenon of Marshallese women being exploited through marriage by men looking to gain visa-free entry to the U.S. by gaining Marshallese citizenship. Typically, these marriages end in the man filing for divorce and claiming custody of the children once they gain citizenship. In response, the Marshall Islands agreed to consider these recommendations.

Ratification of International laws relating to statelessness by the countries the Pacific

Country	Stateless 1	Stateless 2	Refugee	ICCPR	ICESCR	ICERD	CRC	CEDAW
Marshall Islands

Signifies that the country is a party to the convention

Stateless 1 – 1954 Convention relating to the Status of Stateless Persons

Signifies that the country is not a party to the convention

Stateless 2 – 1961 Convention on the Reduction of Statelessness

Population

1. Reported Stateless Persons

The Marshall Islands have not reported any stateless persons to UNHCR.

2. Other Populations of Note

Citizens of the Marshall Islands possess a Compact of Free Association with the United States that allows for visa-free travel and settlement within the US, however the status of those living within the US is unclear. The Compact was reached following nuclear testing by the United States on several Marshallese Islands that displaced populations and has continued to have negative health and environmental impacts, now as many as 30,000 Marshallese citizens have migrated to the US. While Marshallese citizens who travelled to the US under the compact originally received access to health care and education, entitlement to these services is no longer universal. In 2021, UNHCR recorded 7 refugees whose country of origin was the Marshall Islands.

Causes of Statelessness

1. Lack of Legal Safeguards Against Childhood Statelessness

There is no protection for foundling children in the Marshall Islands’ national legislation on citizenship. However, the limited jus soli provisions of the Marshall Islands citizenship laws provide citizenship to persons born on the territory who are not entitled to ‘be or become a citizen of any other country’. While lacking mention of statelessness, this provision should enable children born to stateless parents to gain citizenship at birth.

2. Administrative Barriers

In 2017, the Marshall Islands’ birth registration rate was at 84%. One of the major challenges causing incomplete birth registration in the country is its centralized system that requires families to physically visit registration offices in either Majuro or Ebeye, which creates geographical and financial barriers for those residing in the outer islands. Like other countries in the Pacific, birth registration in the outer islands tends to be lower, which can be remedied by implementing mobile registration teams. For unwed and adolescent mothers, it is especially important to ensure accurate birth registration, which could be attributed to social stigma.

3. Statelessness and Climate Change

There are a number of articles and reports written on the risk of statelessness faced by citizens of low-lying Pacific states including the Marshall Islands due to the impact of climate-induced sea-level rise. This risk of statelessness from ‘disappearing states’ currently remains a hypothetical question regarding the existence of statehood without territory, the continuation of citizenship without physical attachment and the potential lack of effective governments. Further, before any states ‘disappear’, the impacts of relocation and an increase in displaced populations on communities and individual’s nationality status will need to be faced.

Marshall Islands

Overview

Law