UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
stateless and refugee children are not differentiated clearly in legal
terms.8
Unlike other research that have discussed stateless children in a general
manner, Lumayang (2017, pp.192-210) and Allerton (2014, pp. 26-34)
have highlighted that the stateless children were undocumented and at
times have been classified as part of the refugee population. In light of
the above mentioned reasons and in the absence of policies and laws
to explain the definition of stateless children or people, there seem to
be some misunderstanding among the government officials. Problems
pertaining to the actual meaning of stateless children, the differences
and overlap between stateless and refugee children9 remain.
The following were some of the statements and responses that were
given by several officers and NGOs who were interviewed:
“So far there is no stateless children are often known as refugee
children or undocumented children in Malaysia”.
“We do not have any specific or clear definition of stateless children,
so usually we identify the refugee or any undocumented child as
stateless, they are almost the same”.
Based on the interviews with the respondents from selected government
departments and NGOs, it seemed to suggest that the understanding
of the meaning of stateless children seemed vague among even the
major stakeholders concerned with the issue at hand.
(iii)
Overlaps Between the Meaning of Stateless and Refugee
Children
There is often a lack of understanding on the meaning of refugees,
asylum seekers and stateless children among members of civil society,
8
9
Malaysia is not a member of the 1961 Convention on the Reduction of
Statelessness, 1954 Convention Relating to the Status of Stateless Persons and
the 1951 Convention Relating to the Status Refugees (UNHCR, 2013).
Research findings via personal communication (written and telephone
conversations) with officials from the National Registration Department (NRD)
and Ministry of Home Affairs (MOHA) & Research findings via interviews with
the selected government officials from the Attorney General’s Chambers (AGC),
Ministry of Education (MOE), National Security Council (Majlis Keselamatan
Negara, MKN) (Sabah), Social Welfare Departments (Jabatan Kebajikan
Masyarakat, (JKM) (Sabah and Putrajaya).
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