Reaching Stateless, Undocumented and Migrant Communities
with the promulgation of discourses explicitly scapegoating migrants as vectors
for disease and thereby justifying their arrest and detention. 7
These actions have exacerbated two major problems confronting stakeholders
engaged in managing the pandemic: 1) the state’s punitive approach
disincentivises contact with mainstream institutions, making it difficult to monitor
the status and wellbeing of stateless and undocumented communities during the
pandemic; and 2) mainstream public health messaging may not be suitable for
stateless and irregular migrant audiences given their specific needs and
constraints. Thus, the Government’s protracted exclusion of undocumented and
stateless populations has created a blind spot in Malaysia’s pandemic response,
heightening non-citizens’ risk of exposure to infection, and undermining the
COVID-19 management effort at national and regional levels.
Advocates for Non-discrimination and Access to Knowledge (‘ANAK’) — a
grassroots community-based organisation founded by author Mary Anne Baltazar
to serve stateless, undocumented and migrant communities in Sabah — has been
working to address this blind spot. In the wake of the pandemic, ANAK focused
on providing emergency humanitarian aid to stateless and irregular migrant
communities that had been forsaken by the Malaysian Government. Based on
ANAK’s work on the ground, the authors argue that the wellbeing of stateless and
other legally vulnerable populations should be a central, rather than a marginal,
priority in any effective COVID-19 pandemic response. Expanding basic rights to
stateless populations, including healthcare, education and citizenship, is a
necessary precondition for building a robust and inclusive public health
infrastructure that ‘leaves no one behind’. 8 Such efforts of inclusion must not be
temporary or contingent — ie, in reaction to crises such as COVID-19 — but
should be permanent acknowledgements of the longstanding contributions of
stateless communities to the Malaysian nation. Extending protections to the most
legally marginalised and vulnerable is not a zero-sum game, but is beneficial to
the safety and wellbeing of whole societies.
II
A COMMUNITY-BASED SOCIAL LISTENING APPROACH
Drawing on ANAK’s background in community-based advocacy, the organisation
disseminated information to, and documented the experiences of, stateless and
legally marginalised families as they navigated the COVID-19 crisis on the
margins of Sabahan society.
A
Tailored and Targeted Public Health Messaging
Mainstream public health information about COVID-19 was not suitable for
stateless audiences, some of whom may be illiterate, speak dialects other than the
7
8
R Loheswar, ‘Muhyiddin: Undocumented Migrants Cause of Sabah’s Covid-19 Situation,
More Detention Centres to be Opened’, Malay Mail (online, 3 October 2020)
<https://www.malaymail.com/news/malaysia/2020/10/03/muhyiddin-undocumentedmigrants-cause-of-sabahs-covid-19-situation-more-det/1909146>.
UNCHR (n 1).
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