where they faced several barriers in accessing basic amenities due to the lack of
documentation.45
36. There are several ways through which citizenship can be acquired in Malaysia– through birth,
registration, and naturalisation. The Constitution, through Article 14 (1) asserts that every
individual born before 16 September 1963 to be eligible for Malaysian citizenship.46 While
the legal framework to reduce statelessness among people of Indian origin exists, there are
administrative and procedural hurdles to acquiring citizenship.47 Furthermore, the exorbitant
expenses to acquire supporting documentation and late fee charges for delay in birth
registration, and DNA tests required by the National Registration Department, a department
under the Ministry of Home Affairs, exacerbates the difficulty of this process.48
ISSUE V. Refugees and Irregular Migrants (and their Descendants)
37. Malaysia hosts a significant number of refugees and irregular migrants, including children,
who face numerous challenges. As of the end of September 2022, a total of 183,430 refugees
and asylum seekers were registered with UNHCR. The vast majority (86%) are from Myanmar
consisting of Rohingya, Chin and other ethnic groups. The Rohingya group makes up 58% or
105,870 of the total refugee population in Malaysia.49 Despite not being a signatory to the
1951 Refugee Convention or its 1967 Protocol, Malaysia has allowed refugees to reside
temporarily.
38. Prolonged detention, often in overcrowded and unsanitary conditions, poses serious health
and human rights concerns. In 2022, 150 foreigners died in detention including 7 children and
25 women.50
39. Access to basic services, including healthcare and education, remains limited for refugees and
irregular migrants.51 Many are unable to afford medical treatment or enrol their children in
schools.
40. Children of refugees and irregular migrants face unique challenges. Their uncertain legal
status often prevents them from obtaining birth certificates, which hinders their access to
education and healthcare.52 Refugees such as Rohingya refugees, and Syrian Refugees often
45
See Jamie Chai Yun Liew, ‘Homegrown Statelessness in Malaysia and the Promise of the Principle of Genuine and Affective
Links’ (2019) 1(1) Statelessness & Citizenship Review 108.
46 Section 14 (1) Federal Constitution (Malaysia)
47UNHCR. "Good Practices Paper - Action 1: Resolving Existing Major Situations of Statelessness." Refworld, Aug.
2022,https://www.refworld.org/pdfid/54e75a244.pdf, p.37
48 Ibid.
49
UNHCR
(2023)
Malaysia,
UNHCR
US.
Available
at:
https://www.unhcr.org/us/countries/malaysia#:~:text=Malaysia%20hosts%20some%20181%2C000%20refugees,%2C%20
while%2033%25%20are%20women. (Accessed: 03 July 2023).
50 Teng LH, ‘Malaysia Pressed to Probe Deaths of 150 Foreigners in Detention’ (Refugees News | Al Jazeera, 23 February
2023)
<https://www.aljazeera.com/news/2023/2/23/malaysia-pressed-to-probe-deaths-of-150-foreigners-indetention> accessed 27 June 2023
51 Loganathan, T. et al. (2019) Breaking down the barriers: Understanding migrant workers’ access to healthcare in Malaysia,
PLOS ONE. Available at: https://journals.plos.org/plosone/article?id=10.1371%2Fjournal.pone.0218669#sec006 (Accessed:
03 July 2023).
52 Ibid.
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