UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
therefore, will examine the challenges of these statelessness and
stateless children in Malaysia from a legal perspective; particularly
on the definitions, categories of stateless children and the importance
for the country to have national laws and policies pertaining to these
issues.
METHODOLOGY
This research has adopted a qualitative legal research method to
examine several legislations, Parliamentary Hansards, research
journals, reports from government, Non-Governmental Organisations
(NGO) and the United Nations that were related to the issue of stateless
children, particularly in Malaysia. In addition, several interviews with
selected government department officials were conducted to support
the research findings. The laws and policies related to the definitions
and relevant aspects pertaining to stateless children were analysed
with reference to the Convention on the Rights of the Children 1989
(hereinafter CRC 1989), the 1954 Convention Relating to the Status
of Stateless Person (hereinafter the 1954 Convention) and the 1961
Convention on Reduction to Statelessness (hereinafter the 1961
Convention).
BACKGROUND
A Brief Background on Statelessness
Statelessness arises due to the migration and non-migration of people.
A child who does not have a nationality or lost his/her nationality due
to some reasons and has been living in his/her ‘own’ country for his/
her entire life, falls into a non-migration situation (1954 Convention)
and is known as an unaccompanied migrant child (IOM, 2020). Even
if the child crosses borders to another country for some reasons, he/
she continues to be stateless upon migration.
There are numerous reasons that can account for how children come
to be regarded as stateless, for instance the migratory issue which
often happens in the ASEAN region. The geographical and economic
pull factors of many countries such as those often linked to Malaysia,
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