Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
Categories of stateless populations
Number of studies
(6) Indigenous peoples
4
(7) Refugees
4
(8) Undocumented persons who do not fall into the
other categories
5
Statelessness in Peninsular Malaysia
Statelessness in Peninsular Malaysia is largely conceptualised through
a policy or legal lens, and is usually presented through qualitative case
studies of the different stateless populations in Peninsular Malaysia.
Most rely on secondary data while only one study collected primary data,
indicating a lack of primary data, which includes lived experiences of
stateless persons.
The most comprehensive qualitative study to date (Liew, 2019) explains the
various definitions of statelessness under international laws and situates
Malaysia within the context of international human rights conventions. It
identifies the causes and consequences of statelessness for six stateless
populations through collecting primary data via interviews: persons with
long-standing residence since pre-independence and their descendants;
people who lack documentation, abandoned children or foundlings and
adopted children; children of mixed marriages or alternative families and
cases where children were born out of wedlock; indigenous persons;
refugees and children of migrant workers. They also offer solutions and
pathways to citizenship for these stateless populations who do have
‘genuine and effective links’ to Malaysia. This is the only study thus far
that collects its own primary data and that focuses on all eight stateless
populations that we are studying.
Tamara J. Duraisingam (2016) takes a similar approach but uses secondary
data to analyse four stateless populations in Malaysia – the Orang Asli, the
Indian community, Rohingya refugees living in Peninsular Malaysia, and
the street children in Sabah. Another study by the same author (2016a)
analyses the causes and consequences of statelessness for the same four
populations, detailing the factors that lead to the cause of their de facto
statelessness along with the grave consequences of their statelessness.
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