Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
J. Duraisingam, 2016a). Other groups of stateless refugees in Malaysia
include Palestinian and Syrian persons. Refugees in Malaysia live in
extremely vulnerable situations with no access to employment, education,
and healthcare. Obtaining refugee status and access to basic services
in Malaysia is difficult as Malaysia is not a party to the 1951 Refugee
Convention (Liew, 2019).
Children born to stateless refugees in Malaysia are at an increased risk
of statelessness because Malaysian citizenship is tied to their parents’
nationality. Therefore, if their parents are non-citizens, they will also be
automatically classified as non-citizens (Rodziana Mohamed Razali et. al.,
2015). A child’s right to a nationality is not guaranteed in Malaysia because
a child’s citizenship is subject to their parents’ nationality, immigration
status, and marriage status. Children born to refugees have limited access
to birth registration because of the high hospital fees that refugees have
to pay and refugee mothers’ fear of being detained upon giving birth
(Mayberry, 2014). Children of stateless refugees are also denied access
to formal education and depend on alternative learning centres run by
NGOs and UNHCR (Rodziana Mohamed Razali et. al., 2015).
Some stateless refugees may qualify for Malaysian citizenship due to
having lived in Malaysia for a long time but it is not automatic and they
must apply for citizenship by registration or naturalisation. However, due
to the strict requirements of the naturalisation process, it is very difficult
for refugees to access Malaysian citizenship through this pathway, leaving
very limited options to qualify for and obtain Malaysian citizenship (Liew,
2019). Azimah, born to refugee Cambodian Muslim parents in Malaysia,
failed to acquire citizenship by operation of law, despite her parents
and siblings successfully obtaining citizenship through naturalisation
(“In Court, Woman Born to Muslim Refugee Parents”, 2021).
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