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.
