Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
2018 and 2021 were approved, and only 31 were rejected, leaving 2,300
applications under review (Lim, 2021, October 26). This discriminatory
citizenship policy limits Malaysian women’s agency and choices as they
may remain stuck in marriages because they cannot confer citizenship to
their children (“Solve discrimination against children”, 2020). Some women
end up trapped in abusive marriages for fear they will lose custody of their
children if the marriage breaks down (Batha, 2021).
2.6 Indigenous persons
2.6.1 Causation of statelessness
The Orang Asli are the indigenous minority persons living in Peninsular
Malaysia. The 18 Orang Asli subgroups within the Negrito (Semang),
Senoi, and Aboriginal-Malay groups account for 0.7% of the population
of Peninsular Malaysia (International Work Group for Indigenous Affairs,
2021).
Statelessness amongst Orang Asli communities persists because they
lack formal documentation such as birth certificates, marriage certificates,
and identification cards. This lack of documentation can be largely
attributed to poverty because the financial barriers involved (such as travel
expenses and producing necessary documentation) make it very difficult
to access registration or citizenship processes outside their villages
(Nicholas, 2010). Another reason Orang Asli may lack documentation and
become stateless is the lack of a proactive stance on the part of JAKOA in
ensuring that Orang Asli have access to birth registration. (Yahya Awang,
2010). Another reason is the lack of accessibility to the JPN offices – it
is currently not easy for Orang Asli to visit JPN in order to register births
and apply for identification cards. It is also difficult to trace the date or
place of birth for Orang Asli born in villages because identifying midwives
is also another challenge (“80 Orang Asli in Rompin”, 2010).
2.6.2 Scale of issue
It was reported in 2010 that up to 80 Orang Asli living in the district of
Rompin were stateless because they were born without birth certificates
(“80 Orang Asli in Rompin”, 2010).
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