UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
a stateless person. A stateless person might also be a refugee if he
/ she has fled his/her country due to the fear of persecution and not
being considered as a citizen by any state10. The UNHCR’s statistics
on statelessness revealed that the it has taken into account the nonrefugee stateless population, but not the stateless people who were
also refugees. However, this must be noted in light of the de facto
concept, which may vary according to the situation of statelessness in
different countries. The two concepts, refugee status and statelessness
are linked to each other.
In a few instances, a refugee could also be a stateless person if
that person met the definition under Article 1 of the 1951 Refugee
Convention and the definition of Article 1 of the 1954 Convention
Relating to the Status of Stateless Persons (UNESCO Report, 2018).
A stateless person might have remained within a particular host state
without crossing the international border. Other stateless persons or
children in some countries with national laws might have protection
under the respective international refugee laws of that said country
instead of stateless conventions, provided the state was a signatory
member country to the 1951 Refugee Convention, or the 1954
Convention Relating to the Status of Stateless Persons. However, to
date in Malaysia, there has been no specific law and policy to ensure
legal protection for stateless children.
(iv) Lack of Accurate Data and Statistics on Stateless Children
There is no accurate data to identify the number of stateless people
and children in Malaysia that will enable the government to have any
reliable record about stateless children or people residing within the
country. Despite that, sources have indicated that there were more
than 290,000 stateless children as of November 2016, and the number
rose in 2018 to approximately 12,350 stateless persons residing in
Peninsular Malaysia and 450,000 in Sabah (SUHAKAM report, 2018).
According to the UNHCR, such statistics revealed that statelessness
was certainly a widespread problem. It was further discovered that
in 2019, there were approximately 80,000 Filipino Muslim refugees
in the Sabah, and this was inclusive of an estimated 10,000 children
known to be stateless (NST, February 13, 2019).
10
Article 1 of the 1951 Refugee Convention
356
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents