Jus Sanguinis
Jus Sanguinis, means the principle of determining a person’s citizenship through one or both of
their parents’ citizenship. It means the “right of blood” and is also referred to as the principle of
descent.
Legal framework
A "legal framework" refers to a structured and organised system of laws, regulations, rules,
principles, and institutions that collectively govern various aspects of a society. It provides the
foundation upon which a country's legal system operates, guiding the interactions and
behaviours of individuals, organisations, and governments within that society. A legal framework
sets out the structure for how laws are created, interpreted, enforced, and adjudicated.
Orang Asli
Orang Asli is a Malay term that means “original people”. It is used to refer to the indigenous
ethnic groups of Peninsular Malaysia, who are among the oldest inhabitants of the region, along
with the natives of Sabah and Sarawak in Sabah and Sarawak.
Refugee
The 1951 Refugee Convention defines a refugee as: “someone who is unable or unwilling to
return to their country of origin owing to a well-founded fear of being persecuted for reasons of
race, religion, nationality, membership of a particular social group, or political opinion.
Reservation
A declaration made by a State by which it purports to exclude or alter the legal effect of certain
provisions of a treaty in their application to that State. A reservation may enable a State to
participate in a multilateral treaty as a whole by giving it the possibility not to apply certain
provisions with which it does not want to comply. Reservations cannot be contrary to the object
and purpose of the treaty. Furthermore, a treaty may prohibit reservations or only allow for certain
reservations to be made.
Stateless
Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons defines a stateless
person as ‘a person who is not considered as a national by any State under the operation of its
law’.
Statelessness in situ
A working definition for in situ statelessness who are in their ‘own country’, meaning a country
with which they have significant and stable ties through birth, long-term residence.
Surat Pekeliling Ikhtisas No
1/2009
(Circular Letter No 1/2009)
The ‘Surat Pekeliling Ikhtisas: Bil: 1/2009: Kemasukan Kanak-Kanak Warganegara Malaysia
Tanpa Dokumen Ke Sekolah’ dated 11 March 2009, is a circular issued by the Office of DirectorGeneral of Education Malaysia stated that acceptance of undocumented individuals can be
admitted to the government or government - aided schools provided that: - 1) either one of the
child’s parent is a Malaysian citizen, and 2) there is a confirmation letter issued by the Village
Chief to certify that the child is indeed a Malaysian citizen.
Surat Siaran Kementerian
Pendidikan Malaysia Bil (3)
Tahun 2018
The ‘Surat Siaran Kementerian Pendidikan Malaysia Bil (3) Tahun 2018’ is a second circular
issued by the Ministry of Education in 2018 stating the acceptance of certain categories of
undocumented children can be admitted into government schools. This circular applies to a noncitizen child adopted by Malaysian citizens or child of a Malaysian father and a non-Malaysian
mother born out of wedlock, or a non-citizen child whose parents are also non-citizens given that
the parents are either foreign embassy staff, working at a government agency with valid work
permit, permanent residents in Malaysia or foreign children sent to continue education in
Malaysia as part of a government exchange programme.
Syrian Migrants Temporary
Relocation Programme
(PPSMS)
The Syrian Migrants Temporary Relocation Programme (PPSMS) is a programme initiated by
the Malaysian government in 2015 to host 3000 Syrian refugees on a humanitarian basis for
three years, as pledged during the United Nations General Assembly (UNGA) in October 2015.
The programme aims to provide temporary shelter, education, health care, and employment
opportunities for Syrian refugees who have fled the civil war in their country.
Undocumented children
It includes both Malaysian and non-Malaysian children. The common feature is the absence of
birth certificates or other legal identity documents. The undocumented children may have been
born in Malaysia or may have come from other countries at some point of their life.
Zero Reject Policy
The Zero Reject Policy is a policy introduced by the Ministry of Education in Malaysia in
December 2018 to enhance the implementation of the Education for All Policy in Malaysia.
1951 Convention Relating to
the Status of Refugees and
Its 1967 Protocol6
The 1951 Refugee Convention and its 1967 Protocol are the key legal documents that form the
basis of the work of the United Nations High Commissioner for Refugees (UNHCR). They have
149 State parties to either or both, and they define the term ‘refugee’ and outline the rights of
refugees and the legal obligations of States to protect them.
1954 Convention relating to
the Status of Stateless
Persons7
The 1954 Convention provides the definition of a "stateless person" and the foundation of the
international legal framework to address statelessness.
1961 Convention on the
Reduction of Statelessness8
The 1961 Convention is the leading international instrument that sets rules for the conferral
and non-withdrawal of citizenship to prevent statelessness.
6 https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees
7 https://www.unhcr.org/ibelong/wp-content/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdf
8 https://www.unhcr.org/ibelong/wp-content/uploads/1961-Convention-on-the-reduction-of-Statelessness_ENG.pdf
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