Statelessness Working Paper Series No. 2017/9
and significance of international law in many important cases.34 However, in the sensitive area of
citizenship, it could be deemed ground-breaking for treaties like CRC to be treated as a persuasive
source of judicial interpretation of the related constitutional provisions, for instance, by having regard
to the best interests of the child in its Article 3(1) to uphold that every child has to have a nationality
and therefore must not be left stateless.35
4. Conclusion
Learning from the engagement and advocacy to address statelessness in West Malaysia, it is clear that
a sufficient level of political will combined with inclusive strategies and sustained support from all
stakeholders especially the Government—the main duty bearer to identify and measure stateless
persons—are needed as the basic recipe in realising the goals of the #Ibelong Campaign. A systematic
framework of shared responsibility and interstate cooperation targeting access to birth registration
and establishment of nationality will be highly desirable in the context of finding effective solutions to
the long-standing situations of statelessness and situations placing populations at risk of statelessness
in Sabah.
More focused engagement to educate high-level actors among the legislators and judges who may
have not been adequately exposed to the human face of statelessness should be developed and
pursued. Aside from a consistent push to reform citizenship provisions that contain discriminatory
elements, the developing jurisprudential pattern around the safeguard against childhood
statelessness needs reshaping. Mindful of the broader perspectives of the underlying social, political
and economic reasons behind the laws and policy that could manufacture statelessness and its
associated anomalies, a human rights cognitive paradigm must be harnessed and strongly promoted
to prevail over austere technical interpretations that thrive within the country’s state security and
sovereignty framework.
34
See some of the cases such as Sagong Tasi & Ors v Kerajaan Negeri Selangor & Ors [2002] 2 MLJ 591; PP v
Yuneswaran A/L Ramaraj [2015] 6 MLJ 47. For more related discussion, see Equal rights Trust, Confined Spaces:
Legal
Protections
for
Rohingya
in
Bangladesh,
Malaysia
and
Thailand
<http://www.equalrightstrust.org/ertdocumentbank/Confined%20Spaces_0.pdf in> accessed 28 November
2017, p 88-90
35
Lee Chin Pon & Anor v Registrar-General of Births and Deaths, Malaysia [2010] (unreported); Raymond Mah,
Citizenship For Adopted Children- A Malaysian Perspective [2013] 1 MLJ xiii; Navin A/L Moorthy v Ketua
Pengarah Pendaftaran Negara, Malaysia & Ors MTKL Saman Pemula No: 24NCvC-2011-12/2013 (Unreported).
The judge in Navin’s case chose to be guided by Article 7 of the CRC on the right of a child to his legal identity,
read with Article 3 on the best interests of the child principle in construing “special circumstances” in Article
15A. See para 36-38.
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