Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
Out of this sample, only 2,225 had acquired citizenship. Statelessness
is inherited and intergenerational for Malaysian Indians as 36% of the
sample were children, 26% were adults, and 37% were senior citizens
(Uqbah Soperi, 2017).
The Home Minister revealed that 52,397 people who were permanent
residents (MyPR holders) have no information about their country of origin,
in a parliamentary reply to Sivarasa Rasiah (Subang) on 10 November 2010
(Parlimen Malaysia, 2010). The Home Minister stated that JPN recorded
227,430 MyPR holders as of 30 November 2016, in a parliamentary reply
to Tan Kok Wai (Cheras) on 15 November 2016 (Parlimen Malaysia, 2016).
Most recently, the Home Minister revealed that JPN records from 2010
until 30 June 2017 shows that 17,155 citizenship applications have been
received from individuals of Indian descent, in a parliamentary reply to
Charles Anthony Santiago (Klang) in 2017 (Parlimen Malaysia, 2017a).
2.2 Abandoned children born in Malaysia
2.2.1 Causation of statelessness
An abandoned child or foundling is defined as a child who is in need of
care and protection after being abandoned by his parent or guardian, and
that after reasonable enquiries the parent or guardian cannot be found,
and no other suitable person is willing and able to care for the child (Child
Act, 2001).
Statelessness persists amongst abandoned children born in Malaysia
because they cannot obtain citizenship mainly due the inability to prove
their link to their Malaysian birth parents. The citizenship application
process requires abandoned children to trace their birth parents’ identities
in order to show their link and claim towards Malaysian citizenship through
either parents’ nationality status. However, abandoned children who
lived in government shelter homes or were dropped off at baby hatches
are unable to locate their birth parents and thus remain stateless into
adulthood (Ho Kit Yen, 2018). One such person is “Edward”, who was
abandoned as a baby, and who then faces issues into adulthood, such
as the inability to open a bank account and register his own business due
to a lack of Malaysian citizenship (Nurul Azwa Aris, 2018). Abandoned
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