UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
several government officers who were interviewed: “so far there is
no legal definition for stateless children in Malaysia”; “The stateless
children are also referred to as undocumented children, Anak
gelandangan or even refugee children”; and “Till to date, there is no
specific law or policy to define, identify or categorize the stateless
children in Malaysia”.
The findings of the interviews had verified that the undocumented
children encompassed stateless children, refugee children, street
children, migrant children, street children, asylum seeker children
and even local children who were born in Malaysia (from either
one Malaysian citizen or both parents being Malaysians, who have
citizenship /no citizenship issues). These stateless children have been
categorized into the following groups:
a. Children who were stateless, refugees, undocumented or asylum
seekers not accompanied (by parents or guardians). Parents of
these children were often refugees or stateless (for example,
Rohingyas), or either one of the parents was a Malaysian and
the other was a stateless person (UNHCR, 2010).
b. Children who were born to parents of whom either one was a
non-Malaysian. The non-Malaysian parent was often an illegal
or legal migrant. The parents might or might not possess a
birth registration document of their child or their own marriage
registration document, which could render the child at risk of
being regarded as stateless. Many stateless children in Malaysia,
particularly in the state of Sabah, fell into this category, where
one parent was a foreigner (of Indonesia/Philippines origin)
and the other was a Malaysian (Allerton, 2014, pp.26-34).
However, in most cases, both parents were foreigners with no
birth documents or citizenship (Allerton, 2014, pp.26-34).
c. Children who were abandoned, the foundlings, were usually
categorized as stateless children due to the absence of
information about their biological parents (and their origin)
(Chen, 2003, pp.119-135 & UNHCR, 2012, p.7).
In addition to the abovementioned situation, the research findings
of Allerton (2014) and Lumayag (2016) have established that there
was no clear identification or categorization of stateless children in
Malaysia, particularly in Sabah. Allerton (2014) and Lumayag (2016)
351
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