2019
Statelessness & Citizenship Review
1(1)
character’, and have elementary knowledge of Malay. 63 While there is a pathway
to citizenship for those who have been living in Malaysia since before its legal
existence, there appears to be a large number of persons who are stateless despite
their genuine and lengthy connection to the Federation of Malaysia. While this
study identified four cases, one NGO identified 12,400 persons of Indian Tamil
descent that are stateless despite their link to Malaysia pre-independence. 64
There are two subcategories: those that worked in historical plantations and those
that did not. To be clear, this category of stateless persons includes persons who
were in Malaysia during British colonial times and their descendants. While
there currently are plantations in other parts of Malaysia (for example in Sabah)
that employ migrant workers, these contemporary plantation workers and their
descendants (who may be stateless) do not fall within this category.
1
Persons Working in Historical Plantations During Colonial Times and
Their Descendants
Recent mapping done by UNHCR and an NGO working on eradicating
statelessness amongst those of Indian descent has identified a significant Indian
Tamil population that has no citizenship in Malaysia. 65 Statelessness in this
group is attributed to generations of Indian Tamils living in Malaysia at remote,
rural plantations. 66 Large groups of Indian Tamil persons came to Malaysia
before Malaysia gained independence and worked in plantations where there was
no need for identification or birth registration. 67 Plantations were self-contained
communities that had employment, schools, health centres, and other
amenities. 68 People would marry and go on with life without the need for formal
documentation on plantations. 69 When plantations were shut down, people
started moving from rural to urban settings and found themselves confronted
with issues in obtaining services, such as education and health services, because
they did not have an identification card. 70
In this population, some families have existed in Malaysia over several
generations and yet have no documentation to show their citizenship or tie with
the country. As part of a registration campaign, the UNHCR and an NGO
identified at least 12,400 stateless persons in Malaysia of Indian Tamil descent.
This campaign notably assisted 12,000 of those persons to register applications
for citizenship to the National Registry Department resulting in 2,300 persons
acquiring and confirming nationality. Only 12 per cent of cases have been
resolved successfully meaning that approximately 9,700 persons are still
awaiting a decision on their registration of citizenship. The Malaysian
63
64
65
66
67
68
69
70
ibid ss 16, 16A.
Appendix Table 3, Interview with 12NGO.
Appendix Table 3, Interview with 1NGO; Appendix Table 3, Interview with 4NG. See also
United Nations High Commissioner for Refugees, ‘Ending Statelessness in Malaysia’
<http://www.unhcr.org/en-my/ending-statelessness-in-malaysia.html>.
Appendix Table 3, Interview with 1NGO; Appendix Table 3, Interview with 4NGO.
ibid.
ibid.
Appendix Table 3, Interview with 6NGO.
ibid.
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