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Allerton
desires for the nationality of their choice. Statelessness, as an international
issue of concern, tends to be approached primarily in terms of law and policy.
As such, it might be assumed that the primary obstacle the stateless wish to
overcome (in whatever way possible) is their statelessness. However, in order
to write an ethnographic account of statelessness, we need to consider the
ways in which, in real people’s lives, ‘statelessness’ might merge with wider
issues of (il)legality and belonging. Moreover, as I shall argue, we need to take
seriously people’s sense of exclusion from the nationality to which they feel
they belong.
2
Children of Migrants in Sabah
In Malaysia, there are four main groups of people who are described as either
stateless or at risk of statelessness: Rohingya refugees from Burma, Malaysians
of Indian descent, members of the traditionally nomadic, boat-dwelling Bajau
Laut/ Sama Dilaut community, and the children of refugees and migrants in
Sabah, north Borneo. A glance at many advocacy publications on statelessness
shows that children of migrants in Sabah are frequently mentioned as an
example of a stateless population.3 However, determining the precise legal status of many of these children is in fact extremely complicated, as I myself am
only just beginning to discover.
The state known today as Sabah has long been connected to the wider
Southeast Asian and South China Sea region through trade and migration
routes.4 However, the migrations that are most relevant to the legal status of
the children I know began in the early 1970s and continued through the 1980s,
when Muslim refugees from the civil war in the Southern Philippines arrived
in Sabah.5 At the same time, the numbers of Indonesian workers moving to
Sabah to work in the timber industry and on oil palm plantations began to
steadily increase. Since then, as Sabah’s economy has become increasingly reliant on migrant labour, and as family members have come to the state to join
earlier migrants, the numbers of ‘foreigners’ in the state have rapidly grown.
In the last census (2010), non-Malaysian citizens accounted for 27.81% of
3 Plan and UNHCR, Under the Radar and Under Protected: The Urgent Need to Address Stateless
Children’s Rights (2012) 10.
4 See Bilson Kurus, ‘Migrant Labor: The Sabah Experience’ (1998) 7 Asian and Pacific Migration
200, 281-295; Koji Miyazaki (ed), Making of multi-cultural Sabah (Tokyo, Research Institute
for Languages and Cultures of Asia and Africa 2002).
5 Azizah Kassim, ‘Filipino Refugees in Sabah: State Responses, Public Stereotypes and the
Dilemma over their Future’ (2009) 47 Southeast Asian Studies 58.
tilburg law review 19 (2014) 26-34