populations living in boats or in stilt houses in coastal areas or on islands. Many do not have identity
documents and their births are often not registered. There are no estimates available as to the overall
number of Bajau Laut affected by statelessness in Malaysia, but the number of children affected is
thought to be high due to their high birth rates, migratory lifestyle and lack of documentation. Other
populations of Bajau Laut people also reside in parts of the Philippines and Indonesia. Some groups still
migrate between these three countries, which comprise their historical domain.16
People of Indian Origin
23. In west Malaysia, there are at least 11,500 stateless persons. The majority of this population are of Tamil
ethnicity and whose ancestors were brought from India to Malaysia through a labour recruitment system
(“kanganys”) in the 19th and early 20th centuries, when the territory now known as Malaysia (then
Malaya) was under British colonial rule. In 1957, when Malaysia declared its independence, many ethnic
Indian Tamils did not obtain Malaysian citizenship due to illiteracy and lack of awareness of the
importance of obtaining citizenship. Currently, a significant proportion of communities of Indian Tamil
origin in Malaysia lack the necessary documentation that would allow them to prove their
intergenerational links to Malaysia and their Malaysian citizenship.17 This is often because they have
historically faced significant barriers in accessing civil documentation due to the discriminatory
application of laws and policies and their isolation.
24. Importantly, the Government of Malaysia has taken several steps to address some of the documentation
and statelessness challenges faced by this community. In 2011 and 2017 the Malaysian Government
carried out identification and registration programmes for populations of Indian origin in West Malaysia,
through the respective MyDaftar and MegaMydaftar campaigns.18 The campaigns were developed in
collaboration with political parties and Indian community-based, non-governmental organisations.
25. In April 2017, the Malaysian Prime Minister launched the Malaysian Indian Blueprint (MIB). The first of
its kind, the MIB is a national strategy for resolving various human rights issues faced by the Indian
community including access to education, housing, employment, and documentation. The MIB also
provides entrepreneurial, trade and social development opportunities to the Indian community.
Significantly, the MIB commits the Malaysian Government to resolving statelessness and documentation
issues within five years of implementation. However, to date, there has been limited progress in
addressing historical cases of statelessness in Malaysia 19
26. In August 2017, based on DHRRA’s advocacy and assistance to stateless populations in Malaysia over the
last decade (primarily with persons of Indian origin), DHRRA Malaysia submitted recommendations for
resolving statelessness in Malaysia to Representatives of the Prime Minister’s Office and the Minister of
Health (who was appointed to oversee the implementation of the MIB). The recommendations focus on
improving administrative procedures to ensure that individuals can more easily acquire or confirm
citizenship; resolving statelessness amongst children in Malaysia; promoting reform of Malaysia’s
nationality laws and policies that discriminate on the basis of gender; and resolving the status of
individuals who are permanent residents in Malaysia, but do not have Malaysian citizenship or citizenship
of any other country (this is the largest registered cohort registered with DHRRA Malaysia).
16
DHRRA’s Strategic Plan: Resolving Statelessness
http://www.unhcr.org/ibelong/imvisible-malaysia/
18 http://sedic.my/mib/2017/09/18/mega-mydaftar-campaign-2017/
19 Malaysian Indian Blueprint, 2017
17
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