Law or policy reform enabling acquisition of nationality by registration
The mapping and registration project started in Kedah and Perak. In 2015, registration
was carried out in Negeri Sembilan and Selangor. Community-based paralegals
identified stateless households based on knowledge from key informants. The
registration process involved mobile registration teams as well as community-based
paralegals to collect necessary information. This information was used to provide
individual applicants with tailored counselling and assistance.46 The paralegals
addressed issues in acquiring nationality documentation using a combination of
legal and non-legal tools including mediation, advocacy, education and community
organizing.
Paralegals assisted the applicants with submitting their nationality application to the
NRD. They also assisted applicants with preparing for language tests, family tracing, and
accessing services. For example, in cases involving stateless children, the paralegals
used the proof of submission of the nationality application to facilitate their registration
with the State Education Department to ensure that they were enrolled in school. More
complex cases were referred to DHRRA’s team of pro bono lawyers. The paralegals
further assisted with gathering information, setting up meetings with lawyers, and acting
as interpreters for applicants who could not converse in Malay or English. Unsuccessful
applicants were assisted with resubmission.
DHRRA’s mapping exercise was the first time that data on statelessness in Malaysia was
collected. In total, 13,076 stateless persons were registered with DHRRA, and out of
these cases, 12,786 nationality applications were submitted to the authorities as of June
2017, of which 4,036 had been granted citizenship.47
In addition to registration and legal assistance to facilitate the acquisition of Malaysian
nationality, the project also resulted in a comprehensive situation analysis. Volunteers
collected social welfare statistics such as level of employment, access to education,
early marriage, and child labour. The analytical data, disaggregated by key factors such
as age and gender, can reveal patterns in civil registration including areas with low birth
46 DHRRA Malaysia, “Monthly Bulletin”, April 2016, available at: https://dhrramalaysia.org.my/publications/dhrra-buletinapril-2016/.
47 Para 4 of “Update on statelessness”, Executive Committee of the High Commissioner’s Programme, 69th meeting of the
standing committee, 7 June 2017, available at: https://www.refworld.org/pdfid/59a58d724.pdf The 350 cases that were
registered with DHRRA but whose cases had not (yet) been submitted as of September 2019 include newly registered
cases that have yet to be submitted and complex cases that could not be resolved by the National Registration Department
and needed legal remedy from courts. DHRRA continues to source for funding to cover the litigation fees of the pro bono
lawyers.
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