2.7 Stateless refugees
2.7.1 Causation of statelessness
Not all refugees are stateless and not all stateless persons are refugees.
This is because statelessness and forced migration are interlinked where
statelessness can lead to forced displacement but forced displacement
can also lead to statelessness. Being stateless and a refugee can make
people more vulnerable to harm as compared to a non-stateless refugee
(Institute on Statelessness and Inclusion and the Norwegian Refugee
Council, 2016).
Refugees can be stateless in two contexts. Firstly, a refugee who held
a nationality prior to displacement may lose their identity documents
and be unable to prove their link with their home country. Over time,
intergenerational statelessness occurs because their children born outside
their home country become stateless due to a conflict of nationality laws.
Second, a person can be discriminated against and arbitrarily deprived of
their nationality by their own government. In this case, stateless refugees
may not be able to return to their country of origin because they are not
nationals and do not have the right to enter and remain in their country of
origin or any other country. Being a refugee and stateless makes people
more vulnerable to harm and violence, as compared to non-stateless
refugees, because they are at higher risk of detention or expulsion due to
a lack of identity documents.
2.7.2 Scale of issue
The largest population of stateless refugees in Peninsular Malaysia
are the Rohingya refugees who make up 103,560 out of the 181,510
refugees and asylum seekers registered with UNHCR Malaysia in 2022
(UNHCR, 2022). The Rohingya are subject to inconsistent government
statements and policies. The government announced in 2004 that they
would regularise the stay of the Rohingya in Malaysia to allow them to
work without fear of arrest. There was also an attempt in 2006 to grant
IMM-133 documents to the Rohingya but it failed to go through (Tamara
3 IMM-13 documents are issued to Filipino refugees and migrants to reside and work in
Malaysia.
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