Homegrown Statelessness in Malaysia
should be taken as substantiated simply by the stateless person’s sworn
testimony or affidavit declaration. Where such evidence is doubted, it becomes
state responsibility to inquire with other states as to the status of a person before
denying citizenship. Thus, the paper proposes that for administratively stateless
persons, the issue of statelessness is not as problematic as it seems. For
administratively stateless persons, it is a matter of the government implementing
the law in a way that gives them their entitled recognition as citizens on paper.
While the judiciary should be wary of projecting the status of citizen on a
person who has not actually or legally acquired citizenship, in this case, it is not
simply the legal entitlement that gives weight to the claim to citizenship by five
categories of stateless persons in Malaysia — it is also the genuine, effective and
substantial link presented by each of the five groups that tips the balance towards
their entitlement to citizenship. It is my hope then, by writing this paper, that
lawmakers and policy makers alike look more closely at who is stateless in
Malaysia and welcome their fellow compatriots not only socially but legally.
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