also interfered with the ability of the Bajau Laut
people to acquire their own food, as they rely
which they were prohibited from doing during
the lockdown. The community further reported
fear of detention and deportation if they were to
children in Sabah, Iskul Sama Dilaut Omadal,
worked with the community to distribute food to
families in need.13
Lost Livelihoods: Due to the lack of legal status,
the stateless mainly have access to informal
sector employment. As a result of lockdowns,
many lost their jobs and incomes. There has
also been an increase in socio-economic marginalisation faced by Malaysian binational families due to general restrictions on employment
of non-citizen spouses. With a recent rise in
xenophobic sentiments there are greater restrictions to holding licenses to open and run
businesses or access other employment opportunities. Hundreds of refugees and stateless
people living in Selayang have been deprived
of their only source of income as they were all
workers at the local wholesale market (Pasar
Borong). They are now left with no more resources to sustain basic needs such as food,
healthcare and housing.14 While some Malaysians have been allowed intermittently back to
work, amidst multiple strict MCOs, refugees and
stateless people were not allowed to return to
work in markets. Anti-immigrant rhetoric has re-
Momoh.21 Despite possessing valid visas, these
non-citizen spouses’ were detained, raising
concerns about the liberty of those who cannot
renew, extend or apply for visas, due to disruptions caused by the pandemic.
STATELESSNESS AND
THE RIGHT TO NATIONALITY IN MALAYSIA
According to the Constitution, citizenship can
be acquired by birth, registration or naturalisation.22 The Constitution prohibits gender-discrimination while containing gender discriminatory provisions which increase the risk of
statelessness. The Constitution does not allow
legally married Malaysian women in binational
marriages to confer their citizenship on their
children born outside Malaysia, on an equal
basis as legally married Malaysian men in binational marriages,23 leaving them with an unequal access to Malaysian legal status, and/or
putting them at risk of statelessness. The Constitution also does not allow Malaysian men to
confer citizenship where a child is born outside
of a legally recognised marriage.24 Even though
there are a number of legal safeguards against
statelessness, they are rarely strictly applied
resulting in statelessness and the risk of statelessness being an ongoing issue.25
markets, construction sites and some factories.
THE CESF CONSORTIUM PROJECT
While there are numerous groups affected by statelessness in Malaysia who all face deprivations
as a result of COVID-19, the CESF Malaysia project focuses on the impact of Malaysia’s gender
discriminatory Citizenship Law. The project aims to mobilise the reform of gender-discriminatory
citizenship laws, policies and practices to address both the unequal treatment of Malaysians in
binational marriages (the rights of Malaysian women to confer citizenship to their spouses and
their children born overseas) and inequality faced by non-citizen spouses during COVID-19.
15
Disrupted Education: Accessing education has
also been impacted due to enhanced barriers for
stateless and undocumented children. These
challenges have been exacerbated by the shift
to online and remote learning which requires access to the internet and IT equipment.16
CIVIL AND POLITICAL RIGHTS
Arbitrary Detention: In May 2020, hundreds of
undocumented immigrants were rounded up,
arrested and detained, leading to condemnation
by the UN.17 As of December 2020, Malaysia’s
Ministry of Health reported at least 735 positive cases of COVID-19 in immigration detention centres nationwide. The high-risk nature of
detention centres for the spread of COVID-19
was acknowledged by the Director General of
Health.18 In January 2021, prison overcrowding
resulted in clusters of COVID-19 within detention facilities, exacerbated by the inability to
social distance, causing cases to surge.19 In
October, more than 700 undocumented children
were reported to be held in detention facilities,
which the government did not allow UNHCR
access to. Non-citizen spouses of Malaysians
have also been detained, after initially being
charged for non-immigration related offences;
as seen in the case of the detention of a Vietnamese non-citizen spouse20 and the prolonged
detention of a Nigerian spouse, Simon Adavize
34
The project initially gathered evidence on bureaucratic inconsistencies and challenges faced
by Malaysians, their non-citizen spouses and children during COVID-19, especially due to the
lack of access to a Malaysian legal identity among non-citizen spouses and children. Through
evidence-based engagement with policymakers and strategic litigation, the project makes the
case for law reform and increased awareness among policymakers. The project will build on
stakeholders. Further, the project creates alternative avenues to address the increased need for
support and information as a result of COVID-19.
Impact
The project has successfully initiated engagement with policymakers and received acknowlCommunity Development and the National Security Council. As a direct result of evidence-based
engagement and constant media presence, the project has successfully lobbied for non-citizen
spouses and their children to renew or apply for visas and permits without having to leave the
county; non-citizen spouses and their children (including those without LTSVP) to enter Malaysia
upon approval from Immigration; and the setting up of a systematic online application portal for
non-citizen spouses and children of Malaysians to appeal to enter or exit Malaysia. Finally, as
a direct result of these interventions, the campaign to bring home non-citizen spouses of Malaysians led to the Malaysian government allowing spouses to return, resulting in hundreds of