Statelessness and the Lives of the Children of Migrants
31
but practically difficult to achieve. Nevertheless, children of Indonesians are
fairly unlikely to fall into the category of de jure stateless children.
The situation for the children and grandchildren of Filipino nationals is
much more complex. The Philippines does not have a consulate in Sabah (on
the island of Borneo) but in Kuala Lumpur (in peninsular Malaysia). This is
largely because of ongoing political sensitivities surrounding the Philippines’
historical claim to Sabah as a former part of the ‘Sultanate of Sulu’.13 This ‘claim’
is hotly disputed by ‘native’ Sabahans, and its political fallout contributes to
anti-Filipino sentiment in the state.14 Moreover, it is practically difficult for
Filipinos in Sabah to obtain documents, given both the expense of travelling,
and the fact that holders of IMM13 ‘refugee’ cards are unable to leave Sabah.
The majority of those who might use the services of mobile registration units
(which occasionally visit Sabah) do not know of their existence. Thus, whilst
the government of the Philippines is known to be ‘generous’ in granting citizenship to even the undocumented children or grandchildren of refugees and
migrants who claim it, in practice most are unable to make such a claim.
Though the extent to which this renders the descendants of Filipinos vulnerable to statelessness may be debatable, such people clearly lack what has been
termed an ‘effective nationality’.15
During my fieldwork with children and their families over the past year, my
attention has also been drawn to the emotional realities that complicate discussions of citizenship or belonging on the ground. Take 10 year-old Aisyah, a
Suluk girl holding an IMM13 card, whose grandparents came to Sabah as refugees in the 1970s. Once, during a discussion with her class about the differences
between Sabah and the Philippines, Aisyah told me: ‘I don’t know anything
about the Philippines’. She has no family that she knows of left there, has never
been there, and explicitly refuses to discuss it as a place with which she should
have any connection. As holders of IMM13 cards, Aisyah and her parents are
13
14
15
On the Sultanate of Sulu see James F. Warren, The Sulu Zone, 1768-1898: The Dynamics of
External Trade, Slavery and Ethnicity in the Transformation of a Southeast Asian Maritime
State (Singapore University Press, 1981).
In 2013, such sentiments were enflamed when an armed group, claiming to represent the
modern-day Sultan of Sulu, entered Sabah from the Philippines. The ‘Lahad Datu standoff’ ended in violence and has led to the creation of a special security zone in eastern
Sabah. See Associated Press, ‘Malaysia launches air strikes against squatter sultan’s
Filipino army’ The Guardian (Kuala Lumpur, 5 March 2013) <http://www.theguardian
.com/world/2013/mar/05/malaysia-bombs-borneo-expel-sultan> accessed 21 October
2013.
Brad Blitz, ‘Advocacy Campaigns and Policy Development’ (2009) 32 Forced Migration
Review 25, 25-26.
tilburg law review 19 (2014) 26-34