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. 10

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