analyse selected cases of citizenship applications by adopted children
to the Court or JPN. Azizah Mohd (2012) examines whether the existing
legal provisions via the Adoption Act 1952 and the Islamic family law on
adoption in Malaysia are adequate to accommodate both Muslims and
non-Muslims.
While most of the literature focuses on different groups of stateless
children, Tharani Loganathan et. al. (2022) examine the intersection
of undocumented and non-citizen children in Malaysia and their
vulnerabilities in education access. Using a desk review and in-depth
interviews, they find that most of them rely on informal education
provided by alternative learning centres that typically lack standardised
curricula and resources. They also find that stateless Rohingya refugees
in Peninsular Malaysia and the Bajau Laut children in Sabah are the
most marginalised, having the poorest educational opportunities.
Furthermore, Mazura Md Saman and Nor Hafizah Mohd Badrol Affandi
(2018) look more into the Malaysian law regarding access to education
to explain stateless children’s high barriers to entry into public schools.
Menz (2016) is the only study that explores the intersection between
statelessness and the risk of child marriage for girls in Malaysia. The risk
of child marriage is especially high for the stateless Rohingya refugees
as well as underaged trafficked Rohingya girls.
Statelessness in East Malaysia
In comparison, the literature on statelessness in East Malaysia mostly
focuses on two groups of stateless populations in Sabah, namely the Bajau
Laut community or the children of migrants and refugees. Seven out of
the thirteen studies found focus on the Bajau Laut community while the
remaining six focus on the children of migrants and refugees in Sabah.
The stateless Bajau Laut are often framed as national security concerns.
Using the Bajau Laut in Sabah as a case study, Marshall et. al. (2019)
discuss their case study by looking at the history of illegal immigration in
Sabah and the ongoing conflict between the Malaysian government and
armed vigilantes. Ramli Dollah et. al. (2016) present the stateless Bajau
Laut in Sabah as one of the major constraints in addressing cross-border
crime in Sabah, and position them as a threat towards Sabah’s security.
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