1. Lack of Legal Safeguards Against Childhood Statelessness
In Fiji, the citizenship laws provide that abandoned children are considered to be born in Fiji in absence of proof of the contrary and in turn are able to access citizenship by birth. However, the CRC has noted that this provision does not protect children ‘whom it can be proven that they have not been born in Fiji, but whose nationality can nevertheless not be established.’ Fiji’s citizenship laws do include provisions to provide citizenship to stateless children born in Fiji or to Fijian parents between 1990 and 2009 in what appears to be an attempt to remedy gaps in previous citizenship laws. Due to the requirement of one parent being a citizen in Fiji’s jus soli provisions, children born to stateless and/or foreign parents within the territory are not protected from statelessness.
2. Administrative Barriers
Fiji reported a birth registration rate of 86% as of 2021. A birth certificate is required for making an application for citizenship by registration as well as naturalization. Birth registration must be done within 2 months of the date of birth and can only be done by the father unless in the case of the death, inability, or illness of the father. There is a fee required for birth registration in Fiji, including a late registration penalty fee. UNHCR has recommended that the penalty fee be removed to provide better access to birth registration.
UNESCAP researchers found that wealth of households and maternal age and education level are key factors influencing levels of birth registration among Fijian children. i-Taukei speaking households also demonstrated notable disparities in birth registration rates compared to other groups. The births of children born in rural areas are also less likely to be registered due to the distance and travel costs to administrative offices.
