IDLO AND UNHCR
Box 8: Legal identity in Malaysia
In West Malaysia, persons of Indian-Tamil origin who originally came to Malaysia in the late 19th and early 20th
centuries experienced mass displacement following the closures of many rubber plantations beginning around 1980.
As a result, many faced difficulty accessing birth registration and have since encountered barriers to applying for
identity documents. The government launched the ‘My Daftar Campaign’ in 2011 to identify and assist undocumented
persons by conducting mobile registration campaigns. Through the Campaign, thousands of birth certificates and
national identity cards were issued and, as of 2017, these registration efforts had ended the statelessness experienced
by more than 4,400 people.
Failure to address statelessness
hinders development. Evidence
indicates that more inclusive societies
are more prosperous, effective,
and resilient, and better positioned
to effectively manage and allocate
public resources.46 The persistence of
statelessness among any constituency
in a country’s population represents
an acute form of exclusion. While less
evidence exists on economic costs
of the non-participation of stateless
people than for other excluded groups
(for example, women), countries with
large numbers of stateless persons
unable to effectively participate in the
economy do not make efficient use
of available human resources and
economic potential. Nationality is also
an enabler to realise other rights,
meaning that the lack of nationality
prevents people from fully participating
in and contributing to society. Stateless
children, for example, face significant
challenges with respect to accessing
education and receiving certifications
for school completion. Ensuring one’s
right to a nationality is a vital step to
enabling equal access to education in
the first place.
Even as achievements in accelerating
action on the SDGs will result in
positive outcomes for stateless
persons, failures will inevitably
exacerbate the problems faced by
this population. For example, failure
to mitigate and adapt to climate
change, which poses a significant
threat to sustainable development,
will significantly increase the risks of
statelessness.47 Even the seemingly
mundane risk of document loss
during such an event can put millions
of people at risk of statelessness.
Statelessness may result in situations
where individuals are unable to
prove their nationality due to loss
SDG
of documentation, or the inability to
obtain replacement documentation due
to challenges in accessing consular
services.
Relevant target
Link to Statelessness and
the Rule of Law
Target 4.1: Free, equitable and
quality primary and secondary
education for all girls
Improves the living conditions of
stateless persons, as it ensures that
they have access to basic rights
Target 5.1: All forms of
discrimination against all women
and girls ended
Relevant to addressing the issue of
sex discrimination in nationality
laws, which continues to be a major
cause of statelessness globally
Target 10.3: Equal opportunity
ensured and inequalities reduced
Relevant to addressing discrimination
in nationality matters and arbitrary
deprivation of nationality, which lies at
the root of some of the largest and
most protracted situations of
statelessness
Target 16.b: Non-discriminatory
laws and policies promoted and
enforced; target 16.3: Rule of law
promoted at the national and
international levels and equal
access to justice for all; target
16.9: Legal identity provided for
all, including birth registration
Enforcement of non-discriminatory
laws and legal empowerment are
crucial for stateless people to
realise their rights; provision of birth
registration and nationality
documentation is directly relevant
for the prevention and reduction of
statelessness
Target 17.18: Support to
developing countries provided to
increase availability of data
Improved statistical data on
stateless populations in developing
countries is important to gain a
better understanding of the scale of
the problem
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