Executive Summary
Statelessness is a global human rights problem that affects millions of
people. The absence of a nationality makes it difficult for stateless persons
to access education, healthcare, employment, and social security benefits.
In Malaysia, there is an alarming number of stateless persons despite
attempts to reduce statelessness through litigation and advocacy efforts.
Since 2015, Since 2015, the Human Rights Commission of Malaysia
(SUHAKAM) has received 1,291 complaints related to statelessness.
There have been significant efforts to understand statelessness from a
legal perspective and broader, macro policies. However, less attention
has been paid to understand the micro, intersectional lived experiences
of stateless persons. This research consists of a rigorous desk review
based on the existing body of legal and social science knowledge relevant
to statelessness in Peninsular Malaysia, as well as in-depth empirical
fieldwork done through interviews with multiple stakeholders surrounding
statelessness, including stateless people themselves.
Section 1 presents an introduction to the study and the methodology
employed in data collection. It includes the definition of ‘statelessness’
operationalised by the study, the research background, research questions,
objectives, and variables of interest in the study, research duration, overall
methodology for data collection, sampling framework, literature review,
and the background of researchers.
Section 2 delves into the different stateless populations in Peninsular
Malaysia in detail and takes a look at the causation of their statelessness,
as well as the documented scale of the issue.
Section 3 presents a legal analysis on statelessness in Peninsular
Malaysia. It starts out with definitions of statelessness and proceeds to
explore Malaysia’s international and regional obligations on statelessness,
the historical context surrounding Malaysian nationality laws, nationality
provisions in national legislation and jurisprudence, and an analysis of
strategic litigation on statelessness.
Section 4 provides an overview of registration processes and identification
documents available in Peninsular Malaysia, which includes birth
xi