also cannot legally set up a business as they cannot be granted a business and trading licence. Stateless persons are not entitled to the mandatory employers’ contribution towards social security benefits such as the Employee Provident Fund (EPF) and Social Security Organisation (SOCSO). This exacerbated the economic marginalisation faced by this vulnerable community during the COVID-19 pandemic when stateless persons were also faced with evictions and were not entitled to Government aid.60 Government aids usually require applicants to produce their identification card which excludes stateless or undocumented persons and non-citizen children of a Malaysian parent from accessing such aid. The Bajau Laut community, in particular, consists of daily wage labourers who are excluded from formal sources of employment.61 44. Stateless persons are also unable to access basic services such as opening bank accounts, owning a driver’s licence or accessing telecommunication services, making it difficult for them to participate fully in society. Without access to legal documentation, stateless persons, especially the Bajau Laut community, also face a lack of access to fundamental services such as clean water, electricity, healthcare and education. 45. Women and children are disproportionately impacted with female children being vulnerable to risks such as child marriage and human trafficking. Stateless women and women who have unequal citizenship rights are also at risk of being trapped in toxic marriages. 46. The uncertain legal status of non-citizen children of a Malaysian parent or stateless persons places them at high risk of arrest, detention and exploitation. Refugees and stateless persons are frequently subject to arrest and detention under Section 6(1)(c) of the Immigration Act 1959/1963, which charges anyone who illegally enters the country with an RM10,000 fine, jail up to five years and six strokes of a cane. Stateless refugees are particularly vulnerable to police harassment and extortion. 47. Reports also show that stateless persons are at high risk of experiencing trauma and mental health issues. Parents and caregivers live in constant fear for their stateless children while stateless persons themselves are at high risk of depression, with some being suicidal.62 Recommendations I. Re-evaluate and scrutinise the implications of the proposed amendments to Malaysian citizenship provisions that are scheduled to be tabled in October 2023, especially: a. Removal of Section 1(e) of Part II of the Second Schedule a constitutional safeguard against statelessness and the amendment to Section 19(B) of Part III of the Second Schedule, the right of citizenship by operation of law for abandoned children and foundlings, ensuring it adequately addresses concerns related to childhood statelessness. 60 Ibid. Loganathan, Tharani et al. “Undocumented: An examination of legal identity and education provision for children in Malaysia.” PloS one vol. 17,2 e0263404. 2 Feb. 2022, doi:10.1371/journal.pone.0263404 62 Ibid. 61 12