In Malaysia, nationality is a highly sensitive matter as it is regarded
as a manifestation of the country’s sovereignty and identity. As with a
number of other countries, citizenship has also been used as a political
tool in the creation of “who belongs” and “the other” (Wingfield, 2003;
Mannarini and Salvatore, 2020). Despite attempts to reduce incidences
of statelessness through the application of national laws, there have been
disturbing numbers of stateless persons. During the 2013 to 2018 period,
Jabatan Pendaftaran Negara (the National Registration Department,
hereafter referred to as JPN) reportedly recorded 111,142 citizenship
applications, with 26,222 of them being rejected and another 54,222
being processed. Roslina Che Soh@Yusoff et. al. (2019) also listed down
several factors leading to the creation of stateless children in Malaysia
– failure of marriage registration by parents, adopted or abandoned
children, children of refugees, undocumented migrants, and unregistered
births. Since 2015, SUHAKAM has received 1,291 complaints related to
statelessness (SUHAKAM, 2021). During an online dialogue on “Human
Rights and Statelessness in Malaysia”, organised by SUHAKAM on 11
June 2020, various issues were raised. The dialogue concluded that there
exist gaps in nationality laws and guardianship, a lack of transparency
and inconsistency of procedures, complexities of statelessness in Sabah,
and other issues.
There have been significant efforts to understand statelessness from a
legal perspective – specifically focusing on the laws that govern citizenship
and legal cases within the judicial system that fight for individual rights
and claims to citizenship – and broader, macro policies surrounding
statelessness. However, less attention has been paid to understanding
the micro, intersectional lived experiences of stateless persons, as seen
in Figure 1 below. Thus, this report uses rigorous social science methods
to understand and bring to light the various aspects of life for stateless
persons that have been underexplored, specifically related to the social,
political, legal, and economic aspects of their lives, and how all of these
dimensions are informed or are affected by statelessness.
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