HOMEGROWN STATELESSNESS IN MALAYSIA AND THE PROMISE OF THE PRINCIPLE OF GENUINE AND EFFECTIVE LINKS JAMIE CHAI YUN LIEW * Who is stateless and when is a state obligated to confer nationality under international law? Using the case study of Malaysia, this paper sheds light on who are stateless and gives weight to the international customary ‘doctrine of dominant and effective nationality’ as a factor to consider when conferring citizenship on stateless persons in Malaysia. Six categories of stateless persons were identified in this research project. This article posits that five of the six categories of stateless persons can be said to have ‘genuine and effective links’ to Malaysia suggesting that not all stateless persons are foreigners or migrants. The research project suggests that in examining who are stateless, different pathways of citizenship should be conceived for them. TABLE OF CONTENTS Introduction............................................................................................................. 96 Statelessness and Dominant and Effective Nationality........................................... 98 A In Situ Statelessness and the Various Kinds of Statelessness ..................... 98 B International Legal Concept of Dominant and Effective Nationality ......... 99 C The Context of Malaysia: A Thin Human Rights Regime ....................... 101 Methodology: Interviewing Lawyers, Advocates and Stateless Persons .............. 102 Relevant Malaysian Citizenship Law ................................................................... 104 Who Are Stateless in Malaysia? ........................................................................... 107 A Persons with Long-standing Residence Since Pre-Independence and Their Descendants .................................................................................... 107 1 Persons Working in Historical Plantations During Colonial Times and Their Descendants ...................................................... 108 2 Persons Not Living on Plantations During Colonial Times and Their Descendants ........................................................................ 109 B People Who Lack Documentation ............................................................ 110 C Abandoned Children or ‘Foundlings’ and Adopted Children .................. 111 D Children of ‘Mixed’ Marriages or Alternative Families and Cases Where Children Are Born Out of Wedlock or before a Marriage Was Registered ................................................................................................. 114 1 Children of Mixed Marriages or Alternative Families ................. 114 * Jamie Liew is an Associate Professor at the Faculty of Law, University of Ottawa. This research was supported by the Research Development Grant from the Office of the Vice Dean Research, University of Ottawa and with in-kind support from Lawyers for Liberty and Eric Paulsen, most notably interpretation and research assistance. Special thank you to Nursyahirah Mohd Daud (Syaz) for her invaluable legal research assistance and interpretation on the ground in Malaysia and to Dr Amanda Cheong who at the time was a PhD candidate (Princeton University) for her collaborative research assistance in identifying persons to talk to, co-conducting interviews and providing information on the Malaysian context. Thank you to all the stateless persons who bravely shared their stories, and the lawyers, civil society representatives and researchers for sharing their valuable time. I hope I have conveyed your stories with respect. I would also like to thank the University of Ottawa Public Law Group for hosting a Works in Progress workshop where I received valuable comments and feedback from colleagues from the Faculties of Law at the University of Ottawa and Queens University. Finally, thank you to the peer reviewers who provided helpful advice on revisions.