Statelessness & Citizenship Review
2019
1(1)
2L represents clients who had a child before they were married and assisted
them in obtaining declaration of legitimacy. In one case, she explained the father
was a Malaysian citizen of Indian ethnicity and the mother was a Thai citizen.
Even after the declaration for legitimacy was provided, the application for
citizenship has been pending for four years. 2L reported that the marriage is on
the rocks as the stress of the child’s situation is affecting everyone in the family
emotionally. 109
E
Indigenous Persons
This study did identify two instances of statelessness that affected Indigenous
people. One paralegal detailed how he traveled to Sarawak for six months to
provide paralegal assistance for 150 Iban people to obtain identity cards. 110 He
described having to take a bus and then boat to reach this population and that the
reason why such a large group of people were stateless was because of their
remote rural location, their lack of understanding of the need or importance of
obtaining citizenship and resulting identification to obtain services, and also
because sometimes village chiefs refused to sign documentation to attest the
individuals were people living in the particular village, refusing to acknowledge
the need to be part of such systems.
The study recognises a gap in knowledge when it comes to the various
Indigenous persons that may be stateless in Malaysia and future research projects
in this area are encouraged. This particular study did not delve deeply into
investigating how pervasive statelessness is within all the Indigenous groups in
Malaysia. Nevertheless, for the purpose of this exploratory study, it is important
to acknowledge that this category of stateless persons, like the above categories,
also has genuine and effective links to Malaysia by virtue of a generational and
long-standing existence and residence within the country. The Federal
Constitution acknowledges the special rights attached to Indigenous persons in
Malaysia. While Indigenous persons may be stateless due to the same reasons
identified above (such as lack of documentation), it is important to recognise
Indigenous persons as a separate category because, as ethnic minorities living in
isolated areas of Malaysia, they have the added barrier of a lack of access to
services that would allow them to potentially access citizenship.
F
Refugees and Children of Migrant Workers
This study also identified eight cases dealing with stateless migrants that have
come to Malaysia either as foreign workers or as refugees. It is important to
recognise that not all refugees or migrants are stateless, and this study was
occupied with only those that were stateless.
109 Appendix Table 3, Interview with 4L.
110 Appendix Table 3, Interview with 2PL.
118