Homegrown Statelessness in Malaysia
persons in Malaysia. A potential list of persons to interview was developed by
mining current case law of lawyers who work on cases involving stateless
persons, doing an internet search of NGOs that service and advocate for and on
behalf of stateless persons, and discussing with Lawyers for Liberty and a fellow
researcher (PhD candidate conducting sociological research on stateless persons)
who would be ideal participants.
I came into contact with interview participants by making cold call
introductions via e-mail or WhatsApp (a social media app). Introductions to me
and my research project were also made by Lawyers for Liberty by e-mail or
WhatsApp. Some of the interviewees, after speaking with them, then directed me
to contact other persons that they thought would be able to provide useful
information for the study (resulting in a snowball effect) including identification
of stateless persons. A few stateless persons contacted Lawyers for Liberty on
their own volition after they discovered the study was being undertaken, wanting
their voices to be heard. Interviews were conducted in several locations in
Malaysia: Kuala Lumpur, Kuala Selangor, Klang, Penang, Miri and Kota
Kinabalu, covering both West (peninsular) and East Malaysia (Borneo island).
As some interviewees did not speak English, a research assistant with Lawyers
for Liberty accompanied me to provide legal and linguistic translation. In a few
instances, I was able to communicate with persons using Hokkien (Chinese).
Many of the interviewees who are not stateless persons have extensive
experience working with stateless persons. 41 Others conducted research on the
issue of statelessness or provided advocacy and lobbying support. 42
The study has anonymised the names of the interviewees to protect the
identities of the stateless persons that are referred to in the stories and
information shared with this research project. Lawyers and NGOs were also
anonymised as their identification could lead to the identification of a particular
stateless person or case. Many stateless persons interviewed have pending cases
and this research does not wish to interfere with their chances of success.
Consequently, an anonymised identification code was assigned to each
interviewee (a number and an alphabetical code: L for lawyers; NGO for NGOs;
PL for paralegal; A for academic; S for stateless person; PhD for PhD candidate)
and will be used to cite the interviewees in this work.
In all, 18 stateless persons discussed their personal cases with me, the
paralegals discussed 2 cases, the lawyers 20 cases, the NGOs 16 cases and the
academics 4 cases totalling 60 cases of statelessness documented in this paper.
This study acknowledges that more stateless persons and NGO
representatives could have been interviewed. However, the study’s initial
findings still provide an important picture of how statelessness is conceived in
41
42
One paralegal explained he had helped approximately 50 persons within a nine-year period
to obtain citizenship and that in his estimation, only 20 percent successfully obtained
citizenship: Appendix Table 3, Interview with 1PL. Another NGO representative said she
had personally helped over 100 children and only two people had obtained citizenship
successfully: Appendix Table 3, Interview with 10NGO. One lawyer discussed taking 10
cases through the courts within a ten-year period with mixed success rates: Appendix Table
3, Interview with 5L.
The PhD student interviewed conducted over 100 interviews of stateless persons, mainly in
the state of Sabah: Appendix Table 3, Interview with 1PHD. One NGO interviewee
explained that they did not meet with stateless persons personally but work with
organisations that do and also engaged in lobbying and advocating for stateless persons with
the government: Appendix Table 3, Interview with 6NGO.
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