UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
full consideration, the Court of Appeal Judges unanimously allowed
her appeal and granted the order sought. The case highlighted the
interpretation and application of Article 14 (1) (b) read with Part II
Section (1) para (a) of the Second Schedule of the FC, which led to the
decision to grant citizenship in favour of the child at her best interest
in a purposive approach.
Notably, the FC does not provide any provision for stateless children
or people. Hence, the absence of a legal definition or policy regarding
stateless children and stateless persons in the Malaysian legislation is
a grave disadvantage to the stateless children and the nation.
Based on the research and interviews held with officers from the
selected government departments in the Federal Government
Administration at Putrajaya and the state of Sabah, it is submitted that
(i) there is no official data about stateless children, and (ii) no specific
law or policy regarding stateless children to provide the definition of
stateless children or identification procedure on stateless children. As
a result, the government and researchers could not address effectively
the issues of stateless children.
Essentially a positive shift is required to resolve issues and challenges
pertaining to stateless children. In light of this, some underlying and
fundamental considerations on the following proposals may be useful
for the consideration of the Government of Malaysia:
(I)
Advocating Awareness on Statelessness
Notably, awareness and understanding about statelessness must
be available to every level of the community so that the law and
policy can be set forth clearly to eradicate or prevent statelessness
(UNHCR, 2015). The NGOs and government ought to collaborate
more effectively to educate civil servants and civil society about the
issue of statelessness (UNHCR, 2014). This will encourage the public
to participate and work together with the government towards the
prevention and reduction of statelessness (UNHCR, 2014).
The Government and NGOs ought to promote consistently campaigns
and roadshows on the importance of having birth registrations for
children and new-borns, marriage registration documents for married
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