Homegrown Statelessness in Malaysia
Government has acknowledged the existence of this stateless population having
launched the Malaysian Indian Blueprint. 71
While many of the documented cases are of Indian Tamils in Malaysia, there
is a population of Filipinos and Indonesians in Sabah who work in the forestry
and palm oil plantations that came during pre-independence that may be eligible
for citizenship. 72 There has been little mapping or extensive effort to identify the
extent of the problem of statelessness in this population. 73 This provides an
important research and advocacy opportunity.
Cases of those having long-standing habitual residence in Malaysia arose in
my interviews. For example, 2S is a 33-year-old who is a stateless descendant of
plantation workers. 2S is stateless because her mother is also stateless, despite
the fact 2S’s mother was a citizen during colonial times. 2S indicated that after
Malaysia became independent, her mother did not go to the National
Registration Department to obtain her identification card detailing her Malaysian
citizenship. 2S reasoned that her mother did not bother because she did not have
her birth certificate. While 2S’s father was also a Malaysian citizen, her parent’s
marriage was not registered because 2S’s mother didn’t have an identity card and
therefore could not register the marriage. The lack of registration meant that 2S
could not benefit from acquiring citizenship from her father since she was a child
born out of wedlock. 2S has applied for citizenship four times with the last
attempt in 2017 and her application is still pending. 74
2
Persons Not Living on Plantations During Colonial Times and Their
Descendants
The interviews revealed stories of persons and families rendered administratively
stateless mainly because they did not register or apply for the appropriate
documentation after Merdeka Day or Malaysia Day. Some stories included
persons who did not live in plantations.
One NGO provided details of a story about a 70-year Chinese man who was
in immigration detention and stateless despite efforts on both the NGO and
government to verify the man’s identity. 75 The man’s fingerprints were not in
any government system and there were no records of his existence. A newspaper
advertisement was taken out to find any person who could verify the man’s
identity but no one responded. While the man has been released from detention,
he has not been able to obtain the proper paperwork to verify his identity or
acquire citizenship. 76
71
72
73
74
75
76
See Razali (n 1) 5, citing Barisan Nasional, Malaysian Indian Blueprint (Policy Report,
2018).
Appendix Table 3, Interview with 1PhD; Ruben Sario, ‘Small Filipino community makes
big
impact
on
Sabah’s
landscape’
The Star (16 September
2017)
<https://www.thestar.com.my/metro/metro-news/2017/09/16/small-filipino-communitymakes-big-impact-on-sabahs-landscape/>; Appendix Table 3, Interview with 2A; Appendix
Table 3, Interview with 13NGO.
There has been some research. See, eg, Greg Acciaioli, Helen Brunt and Julian Clifton,
‘Foreigners Everywhere, Nationals Nowhere: Exclusion, Irregularity, and Invisibility of
Stateless Bajau Laut in Eastern Sabah, Malaysia’ (2017) 15(3) Journal of Immigrant &
Refugee Studies 232.
Appendix Table 2, Interview with 2S.
Appendix Table 3, Interview with 3NGO.
ibid.
109