UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
(Appendix 2 - The House of Senate Hansards - 2016 to 2019)
debated the issue of stateless children at the Senate.
b. Based on the Hansard record in 2019, there were more than
200,000 undocumented stateless children in Sabah13, but the
figure of stateless children in the Peninsular was not mentioned.
c. The analysis of the 2019 Hansard established that there seemed
to be no specific and clear policy/law in relation to stateless
people or children in Malaysia, and the available data had been
inconsistent. Also, there was no formal data on stateless children
within the government departments that was accessible to the
public or researchers.
d. The rights of stateless children, particularly the right to
education or citizenship had been continuously contested in
Parliament, but with no effective legal or policy intervention to
duly address the issue.
e. In Malaysia, the legal definition for stateless children or people
is not specifically mentioned in any Malaysian legislation, or
policy that is publicly accessible. This is evident as Malaysia
is not a signatory of the Convention Relating to the Status
of Refugees14, 1954 Convention Relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction
of Statelessness. The international definition as is found in
Article 1 of the 1954 Convention Relating to the Status of
Stateless Persons has not been incorporated or mentioned in
any national law.
Hence, to date there is no legal recognition, clear procedure or policy
to aid the government to address the issue of stateless children
effectively in Malaysia.
13
14
Hansard from the House of Representative. Reference No.DR. 18.3.2019 Bil.5.
P.56.Debate by Datuk Wong Tien Fatt @ Wong Nyuk Foh from Sandakan, Sabah
as of 18.3.2019. [ Penyata Rasmi Parlimen Dewan Rakyat Parlimen Keempat
Belas Penggal Kedua Mesyuarat Pertama]. <http://www.parlimen.gov.my/
files/hindex/pdf/DR-18032019.pdf#page=59&zoom=70&search=stateless%20
children>. Retrieved date: 11.4.2019.
Maheran, M. (2015). Right to Education for Irregular Migrant Children in
Malaysia; A Comparative Analysis. Pertanika J. Soc. Sci. & Hum. 23 (S): p.86.
<http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%20
23%20(S)%20Nov.%202015/08%20JSSH%20Vol%2023%20(S)%20Nov%20
2015_pg85-96.pdf>. Retrieved date: 20.3.2016.
359
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