Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
Figure 1: Much attention has been paid to understanding broad, macro policies
and legal frameworks surrounding stateless persons. Less attention has been paid
to understanding the intersectional lived experiences of stateless persons, which
involves understanding their relationship to society, policies, the legal system, and
economic life
Specifically, this report summarises a nine-month research study
focusing on two aspects: 1) rigorous desk review based on the existing
body of legal and social science knowledge relevant to statelessness in
Peninsular Malaysia, and 2) in-depth interviews and data collection with
relevant stakeholders surrounding statelessness in the (physical) field. It
is important to stress that this report focuses only on statelessness in
Peninsular Malaysia, as statelessness is a diverse issue (Burki, 2021) that
affects various populations across the country differently. For example,
conditions that cause statelessness and the lived experiences of stateless
people are very different in Sabah, given its history and proximity to the
Philippines and Indonesia, compared to the plight of stateless indigenous
people in Perak, Peninsular Malaysia. For concreteness, the study follows
the process flow of statelessness in Figure 2, which takes a close look at
circumstances leading to statelessness, the effects of statelessness, and
the process of acquiring citizenship. It uses existing legal frameworks and
case law to review the progress made so far regarding statelessness in the
legal sphere and finally, concludes with solutions and recommendations
based on findings from the entire process.
4