Statelessness and the Lives of the Children of Migrants
33
Children who lack legal documents fear being picked up by the police during
one of the regular operations – on buses, in shopping centres or in squatter
settlements – aimed at ‘checking’ documents. This is particularly the case for
children aged over 12, the age at which young Malaysian citizens are supposed
to acquire an identity card. Whatever the complexity of legally establishing an
individual as ‘stateless’, in Sabah (as has been argued for other contexts17) legal
statelessness must be analysed alongside the kind of ‘effective statelessness’
created by irregular migration. Indeed, given that holders of IMM13 passes are
potentially stateless but nevertheless legally documented, it remains to be
explored whether, in this specific context, there might be some advantages to
being ‘stateless’ over being ‘undocumented’.
4
Can there be an Ethnography of Statelessness?
The entanglement of statelessness with wider issues of illegality in Sabah
makes its ethnographic exploration somewhat tricky. During my fieldwork
with the children of migrants, I was able to observe and explore children’s
experiences of and perspectives on many issues, including friendship, documents, the police, schooling, work, families and dancing. I observed the limitations that illegality placed on children’s lives, and their occasionally defiant
responses. I laughed as children, so different to those conventional images of
forlorn statelessness, made constant jokes about ethnicity, about police checkpoints and about corruption. I also saw a frustration amongst some teenagers
as they became aware that, in their perpetual status as ‘foreigners’, they are also
doomed to do the jobs (cleaning, construction, factory-work) that ‘foreigners’
do. However, ‘statelessness’ as such was not something that I could explore
ethnographically, given both the uncertainties surrounding people’s legal status, and young people’s own lack of awareness of this legal concept.
What children and young people are aware of is the power of documents in
their lives. They are also profoundly aware of their own lack of power in the
face of ever-changing regulations, corruption and, in some rare cases such as a
boy whose father sold his birth certificate on the black market, unreliable family protection. When I asked children why they thought children such as themselves – children considered ‘foreign’ and treated as unwanted by the wider
society until old enough to take up the kinds of menial labour performed by
17
Jacqueline Bhabha, ‘From Citizen to Migrant: The Scope of Child Statelessness in the
Twenty-First Century’ in Jacqueline Bhabha (ed) Children without a State: A Global Human
Rights Challenge (The MIT Press 2011).
tilburg law review 19 (2014) 26-34