Homegrown Statelessness in Malaysia persons on who is stateless in Malaysia. The survey identifies six categories of stateless persons: (1) persons with long-standing residence since preindependence and their descendants; (2) people who lack documentation; (3) abandoned children or ‘foundlings’ and adopted children; (4) children of ‘mixed’ marriages or alternative families and cases where children are born out of wedlock or before a marriage was registered; (5) Indigenous persons; and (6) refugees or children of migrant workers. In identifying these six categories of stateless persons, this article posits that five of the categories of stateless persons can be said to have ‘genuine and effective links’ to Malaysia. 4 In presenting these findings, the paper suggests that not all stateless persons are foreigners or migrants, but are ‘homegrown’ and within our midst. While there is cogent research suggesting a close association between statelessness and migration, this study proposes that not all statelessness is a consequence of migration. 5 This research looks at the particular context of in situ statelessness in Malaysia and identifies various incidents of statelessness that do not fit into a singular definition or experience; that they are necessarily foreigners or migrants. In Malaysia, public discourse often refers to stateless persons as foreign elements. 6 This paper is a preliminary effort to fill in a gap and support existing research in recognising statelessness in situ and to correct the perception that stateless persons are necessarily foreigners or migrants. 7 As such, as some early research suggests, statelessness can arise in two different contexts (in situ and migrant), calling for different legal responses. 8 In doing so, this initial survey suggests that in resolving citizenship cases of the administratively stateless in Malaysia, the international legal concept of dominant and effective nationality can be relied upon. Part II of this paper explores the legal definition of statelessness and the international customary rule of dominant and effective nationality. Part III 4 5 6 7 8 The doctrine of ‘effective link’ was enunciated in Nottebohm (Liechtenstein v Guatemala), in which the International Court of Justice stated that, ‘[a]ccording to the practice of States, to arbitral and judicial decisions and to the opinion of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties’: Nottebohm (Liechtenstein v Guatemala) (Second Phase) (Judgement) [1955] ICJ Rep 4, 23 (‘Nottebohm Case’); See also David Weissbrodt and Clay Collins, ‘The Human Rights of Stateless Persons’ (2006) 28(1) Human Rights Quarterly 245. See, eg, Rodziana Mohamed Razali, Rohaida Nordin and Tamara Joan Duraisingam, ‘Migration and Statelessness: Turning the Spotlight on Malaysia’ (2015) 23(S) Pertanika Journal of Social Science and Humanities 19. See, eg, Munguntan Vanar, ‘Sabah Seeks to Resolve Issue of Stateless People in the State’ The Star (Malaysia, 16 November 2018) <https://www.thestar.com.my/news/nation/2018/11/16/sabah-seeks-to-resolve-issue-ofstateless-people-in-the-state/>; United Nations High Commissioner for Refugees, ‘UNHCR Welcomes Move by Malaysia to Grant Citizenship to Stateless Persons’ (15 August 2018) <https://www.unhcr.org/en-my/news/press/2018/8/5b73e54d4/unhcr-welcomes-move-bymalaysia-to-grant-citizenship-to-stateless-persons.html>. See generally Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness (Routledge 2017); Mely Caballero-Anthony, Priyanka Bhalla and Pau Khan Khup Hangzo, ‘The Many Faces of Statelessness’ (Report, NTS Alert¸ February 2010) <http://www.rsis.edu.sg/wpcontent/uploads/2014/07/NL100228_NTS_Alert_Feb2010_Issue2.pdf>: where the report discusses stateless persons in their habitual residence. Caia Vlieks, ‘Contexts of Statelessness: The Concepts “Statelessness In Situ” and “Statelessness in the Migratory Context”’ in Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness (Routledge, 2017) 35. 97