DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
i.
Additional research is needed to map and understand the circumstances of various
groups of persons of Philippine descent in Sabah. This might include OFWs and
their children, including those with a regularized status, but in particular those who
are undocumented; former refugees/IMM13 card holders and their descendants who
may be considered irregular migrants now; or mobile/migratory maritime peoples
such as the various sub-groups of Sama Bajau people; noting that some also hold/
held IMM13 cards and that categories are not mutually exclusive and often overlap
with many persons labeled irregular migrants, with often blurred lines between
migratory and non-migratory contexts of statelessness (i.e. persons undocumented
and at risk of statelessness who may have never crossed an international border, but
may have familial or cultural links across borders). Research should engage desk
review and consultation with various key stakeholders, including government
representatives and experts, and importantly, including persons at risk of statelessness
themselves. The desk review should engage experts, make use of existing research,
and avoid duplicating past efforts, but should also address gaps in analysis. Research
should also consider returning Filipinos from Sabah and engage those who support
them. Given political sensitivities, research should be undertaken from a neutral,
objective, principled, and rights-based perspective with a focus on persons at risk of
statelessness and resolution of their risks and vulnerabilities with a particular view to
legal status.
j.
Consider a tripartite approach, including Malaysia in the previously organized joint
committee on bilateral cooperation between the Philippines and Indonesia that
was successful in identifying and resolving cases of PID. Universal birth registration
is a principle that can garner the political will of all three countries without engaging
political sensitivities or undermining policy positions. Filipinos in Sabah need to be
able to secure a birth certificate and passport to access their Filipino nationality and
some recognized documentation is needed in relation to the Malaysian Government
to ensure a person can live normally without fear of arrest, detention, or deportation.
k.
Conduct regular special consular missions in countries with high numbers of
undocumented Filipinos. In 2012 and in 2019, the Department of Foreign Affairs
(DFA) and the PSA team went to Sabah for a special mission to conduct on-site civil
registration activities that included verification and issuance of delayed registration
for undocumented persons of Philippine descent. This kind of mission should be
replicated and continuously conducted in countries with high numbers of
undocumented persons of Philippine descent.
UNHCR / April 2021
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