Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
In this section, we will review the categories of stateless populations in
this study to analyse the causation of their statelessness as well as the
scale of the issue.
2.1 Pe r s o n s w i t h l o n g - s t a n d i n g r e s i d e n c e s i n c e
pre-independence and their descendants
2.1.1 Causation of statelessness
Persons who have been living in Peninsular Malaysia prior to independence
(before 31 August 1957) become ‘administratively’ stateless because
they did not register or apply for the appropriate documentation after
Merdeka Day or Malaysia Day. Although statelessness in this group is
most commonly attributed to Indian persons of Tamil descent living in rural
plantations, it also includes other migrant populations such as persons
of Chinese descent and persons of Siamese descent.
Indian Tamils who used to live in rural plantations make up a large part
of this stateless population because they lived remotely in self-contained
communities where there was no need for formal documentation (Liew,
2019). Many did not register their children’s birth or their marriages as
they were unaware of its importance. Once the plantations were closed
and they moved to urban areas, they started facing difficulties obtaining
access to public services despite having lived here for generations and
having strong, effective links to Malaysia (DHRRA, 2017). Therefore, lack of
formal documentation such as birth certificates, passports, identification
cards, and entry permits, as well as lack of access to registration services
to qualify for citizenship are the main barriers for this group to obtain
citizenship despite their legal entitlement to the same.
Many stateless permanent resident card holders die before they are able
to obtain their citizenship, as in the case of Jaya Letchumi, who died in
2021 while waiting for a decision on her citizenship application that she
started working on in 2018. Jaya Letchumi’s mother had also passed away
as a permanent resident, highlighting the intergenerational aspect of this
form of statelessness (Cikgu Rukku, 2021). D. Kamaladevi, whose family
lived in the estates, has not been able to obtain citizenship for the past
45 years because her mother’s documents could not be located as they
claimed it had been surrendered to JPN (“After 45 Years”, 2018). Another
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