UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
government officials and even some NGOs. This basic problem has
become a challenge in determining the differences between stateless
and refugee children.
In Malaysia, at present there is in domestic policy or law, no
identification procedure for stateless children. In addition, stateless
children are often grouped or regarded as belonging to the category
of undocumented refugees, or even as children seeking asylum
in Malaysia. As such the government officials and NGOs who are
responsible or involved in matters pertaining to stateless children will
face considerable difficulties, and are usually unable to help these
stateless children in an effective way so as to render the necessary
assistance. The government officials are also not able to identify or
make contact with the stateless children for census purposes.
Notably, there are some overlaps in the meaning between a refugee
and a stateless person. This is especially the case, in the context of
children, in relation to arbitrary deprivation of nationality, such as the
Rohingyas (who are stateless and seek refuge in Malaysia). Malaysia,
being a non-signatory to the 1951 Convention Relating to the Status of
Refugees, the 1954 Convention and 1961 Convention does not have
any policy or legislation to clearly define the categories of refugees,
asylum seekers and stateless people or children.
Many countries like the United Kingdom, Georgia within the
European region and the Philippines within ASEAN are signatories
to the Refugee Convention and conventions on statelessness. These
countries do have provisions in their national laws or policies with
regard to stateless people or children within their national context.
However, several non-signatory countries within the ASEAN region,
including Malaysia, remain less concerned about the conventions and
the importance of having national laws or policies, despite the global
attention towards issues on statelessness and refugees.
The analyses of some case laws and judicial opinions of several
courts from Canada, the United Kingdom and USA have indicated
that there were overlaps in the meanings of statelessness and refugee
law (Fullerton, 2015, pp.876-899). The analyses established that
many states tended to overlook the overlaps between a refugee and
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