Homegrown Statelessness in Malaysia: The Administratively Stateless and the Promise of the Principle of Genuine and Effective Links

Abstract

<jats:p>Who is stateless and when is a state obligated to confer nationality under international law? Using the case study of Malaysia, this paper sheds light on who are stateless and gives weight to the international customary ‘doctrine of dominant and effective nationality’ as a factor to consider when conferring citizenship on stateless persons in Malaysia. Six categories of stateless persons were identified in this research project. This article posits that five of the six categories of stateless persons can be said to have ‘genuine and effective links’ to Malaysia suggesting that not all stateless persons are foreigners or migrants. The research project suggests that in examining who are stateless, different pathways of citizenship should be conceived for them.</jats:p>

Too precarious to walk: an integrated “three delays” framework for modeling barriers to maternal health care and birth registration among stateless persons and irregular migrants in Malaysia

“…These figures, however, may not take into account the significant yet unknown number of LMPs-stateless persons, irregular migrants, and their descendants-residing in the country who not only are left unaccounted for in official statistics but also are potentially deprived of a legal identity. Statelessness is a "homegrown" problem in Malaysia in that it is not only experienced by migrants and refugees, but also by several categories of people born and raised in Malaysia (Liew, 2019). One major risk factor for statelessness in Malaysia is the lack of vital documentation, particularly birth certificates.…”

“…That being said, there is a broad recognition of the multiple exclusions and vulnerabilities faced by LMPs in Malaysia, including in the realms of health and access to health care. Legal scholars have identified the multiple legal and administrative pathways that lead to statelessness in both West and East Malaysia, as well as the health care and other rights deprivations that are associated with the denial of citizenship (Liew, 2019;Mohamed Razali, et al, 2015). Anthropological and ethnographic work has explored the lived experiences of stateless communities in Sabah-such as the Bajau Laut and children of Indonesian and Filipino descent-showing how their invisibilization in the eyes of the Malaysian state facilitates their exclusion from rights, resources, and recognition (Acciaioli, et al 2017;Allerton, 2020;Lumayag, 2016).…”

Revisiting the Laws and Policies Related to Educational Rights of Stateless Children in Malaysia

“…In Malaysia, there are roughly six classifications of stateless persons and four main groups of people described as either stateless or at the risk of being stateless which are Malaysians of Indian descent, members of the traditionally nomadic, Bajau Laut community, the children of refugees and migrants in Sabah, North Borneo, and Rohingya refugees from Myanmar (Liew, 2019;Allerton, 2014). The legal status of the children in Sabah, especially, is very complicated to be determined.…”

“…There are several common reasons for statelessness to occur in Malaysia (Samad & Affandi, 2018). New parents typically fail to register their marriage and the child's birth because they lack of knowledge on the importance of their marriage registration in Malaysia towards the child's citizenship (Liew, 2019). It is clear that statelessness relates to not having citizenship from any country.…”

Dua Jalur Penanganan Pengungsi: Analisis Diplomasi Migrasi di Asia Tenggara

“…2 (2009): 9. 25 T. Ginsburg pengungsi sangat politis 33 mengingat pemerintah memiliki kedaulatan untuk bebas menentukan kriteria siapa yang berhak menerima visa sementara dan siapa yang berhak masuk ke teritorinya. Malaysia pada umumnya menerima pengungsi dari negara mayoritas Islam, terutama Bosnia pada tahun 1990 dan belakangan ini Suriah dan Rohingya, di bawah semangat "Muslim seharusnya menerima saudaranya."…”