UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
by that country as well as other countries. This phenomenon has been
referred to as ‘de jure statelessness’ (Wass L.V, Ricalde, M.J.V, 2017).
Statelessness within the Malaysian Context
Ironically, the main causes of statelessness in Malaysia could be due
to several reasons. They included issues such as the lack of or absence
of birth registration and documents for the children, or the parents
could not produce a valid marriage certificate. The children born
from undocumented, illegal, irregular migrants or stateless refugees,
foundlings or abandoned children also faced the risk of statelessness
(Razali et al., 2015). The issue of stateless children in Malaysia has
been pointed out in several research articles, particularly the meaning
and definition of stateless children (Mazura & Nor Hafizah, 2018,
Lumayag, 2016, Razali, et al., 2015).
At present, in Malaysia, there is no specific policy or law that provides
a legal definition for stateless children or people in this country. Civil
society, NGOs and government authorities face challenges to identify
stateless children or people in this country, and this state of affairs has
hindered the ability of the government in effectively addressing the
issue of stateless children. As such, it is essential for the government
authorities, NGOs and civil society to understand the meaning of
stateless children within the context of international law and human
rights law. A clear understanding of stateless children is important
for governments and NGOs, particularly in formulating conclusive,
clear definitions and policies related to them. The findings of the
present study are aimed at providing the needed support to address
the foregoing sketch of the background issues.
ANALYSIS
A. The Definition, Categorization and Data on Stateless Children
(i)
Definition
Article 1, the Convention on the Rights of the Child (CRC) 1989 gives
a clear definition of who is considered a ‘child’:
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