Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
However, the rest of the literature on Bajau Laut tends to rely on
ethnographic fieldwork to explain the lived experiences and complex
political formation of identities of the stateless Bajau Laut communities.
Chuah (2016) uses fieldwork to examine the reasons why statelessness
persists amongst the sea nomad and semi-nomad Bajau Laut communities
in Semporna, Sabah. Badariah Saibeh (2018) uses fieldwork to explore the
relationship between citizenship status and access to education amongst
undocumented persons with unclear citizenship status in Semporna,
Sabah, and how access to education can play a role in social inclusion.
The remaining studies use secondary data to explain the historical policies
and background leading to the statelessness of the Bajau Laut, such as
Ismail Ali and Mohammad Raduan Mohd Ariff (2011) and Brunt (2015)
who also provides recommendations.
Similar to the literature on Bajau Laut, most research on children of
migrants and refugees in Sabah rely on ethnographic fieldwork. Allerton’s
studies are the only peer-reviewed studies that look at statelessness
from an ethnographic approach, as compared to the majority of studies
that analyse statelessness in Peninsular Malaysia via a legal framework.
Allerton (2014) uses ethnographic fieldwork with stateless children of
migrants and refugees in Sabah to argue that many of these children
with familial origins from Indonesia or the Philippines, lack an “effective
nationality”. In a later study, Allerton (2017) argues that UNHCR’s current
#IBelong campaign presents stateless persons as uniquely excluded and
heavily emphasises the need for legal solutions. She uses ethnographic
data on stateless migrant children in Sabah to highlight how this campaign
disregards the complexities of the lived experiences and wider politics of
State recognition. Later still, Allerton (2018) again takes an anthropological
approach towards explaining the circumstances behind the childhood
statelessness of migrant children in Sabah. She outlines the lived realities
of the illegality and exclusion these children experience from getting
documents “raided” and from their inability to access schools. Azizah
Kassim (2009) also uses fieldwork to explain how the state administration
and societal stereotypes contribute to the ambiguous legal status of
stateless Filipino refugees in Sabah.
Mohd Nur Hidayat Hasbollah Hajimin and Ibnor Azli Ibrahim (2017) take
a different approach and analyse the rights and protections of Muslim
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