UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
This review of the Hansard records revealed that in the absence of
a legal definition for stateless children in Malaysia and to this day,
there has been no specific law or policy related to stateless children.
Therefore, it would seem that the existence of stateless children in the
country was not recognized by the government.
As a consequence of this state of affairs, several human rights issues
related to stateless children, especially on their rights to education and
citizenship could not be addressed fairly in accordance with the law.
(ii)
Categorization
Based on the analysis carried out on the Hansards and reports, there
seemed to be no clear demarcation of the categorization and definition
of the different migrant populations in Malaysia, i.e. the refugees,
asylum seekers and stateless people, as well as the migrants living in
civil society in Malaysia.
According to Lumayag (2016), the term ‘undocumented children’
referred “to the children who neither hold any form of documentation
to prove that they are legal citizens of Malaysia nor have any
documentation as a foreign national” (p.193). These children seldom
or have never travelled outside their existing geographical location,
including to their parents’ home country. The author has stated
that the difficulty faced in Malaysia was that there was no precise
data on stateless children. In Malaysia, stateless children had no
documentation to prove their identity or citizenship. Hence, they were
often referred to as undocumented children (Lumayag, 2016, p.193).
Therefore, the term ‘undocumented children’ in this article is used
interchangeably to refer to stateless children in Malaysia.
For the purpose of this article, further research and interviews were
conducted with several respondents from selected government
departments, such as the Ministry of Home Affairs (MOHA), the
Department of Social Welfare (JKM), the National Security Council
(MKN), the Attorney General’s Chambers (AGC), and Ministry of
Education (MOE).
The following are some of the statements and responses given by
Ketiga.DR 8.11.2018 Bil.44. Pg. 28. http://www.parlimen.gov.my/files/hindex/
pdf/DR-08112017.pdf#page=44&zoom=70&search=stateless%20children>.
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