Finding answer to estimated 900,000 stateless in Sabah
Published on: Sunday, July 09, 2023
By: Jachintha Joyce
Text Size:
The status of statelessness exposes this minority community to oppression, including infringement of basic human rights, restricted liberty of movement, forced displacement, restriction to land ownership, limited job opportunities and also access to education and healthcare services. - pix for illustration purposes only by BorneoTalk
The Home Ministry stated earlier this year that it had received around 150,000 citizenship applications and is expected to process at least 10,000 of them.
The obtainment of Malaysian citizenship is provided by law under Articles 14, 15, 15A, 16 and 19 of the Federal Constitution. Anyone without a nationality is regarded as “stateless”.
At least one out of three individuals in Sabah has been unsuccessful in obtaining Malaysian citizenship, hence, substantially restricting the person’s access to opportunities and civil rights (“Documenting the Undocumented: The Struggle for a Legal Identity”, New Naratif, April 12).
In a study conducted by Rodziana Mohamed Razali, it was found that out of the 2,316,963 (72.3pc) Malaysians in Sabah, 889,779 (27.7pc) were stateless as of 2010 (“Addressing Statelessness in Malaysia: New Hope and Remaining Challenges”, Institute for Statelessness Inclusion, 2017).
Despite Malaysia’s efforts to address the issue of those who are stateless, there are still notable gaps accorded to the homegrown stateless community in Malaysia. They are often regarded as or mistaken for refugees, asylum seekers or undocumented migrants.
It is crucial to distinguish between these two groups:
I. “Homegrown stateless” is an individual born and raised in a specific country but not considered as a national by the state under the law (de jure stateless)
II. Undocumented migrants, refugees, etc. are nationals of different countries, who are unable to seek protection within their home country, who flee to neighbouring countries (de facto stateless)
Most homegrown stateless individuals in Malaysia are from East Malaysia (Sabahans and Sarawakians), Tamil Indians (from estates and plantations), from the Chinese community and the indigenous (Orang Asli) community.
According to a recent report by the Human Rights Commission (Suhakam), there are several reasons why a person is considered stateless in Malaysia (“Human rights and statelessness in Peninsular Malaysia”, Suhakam):
I. Individuals with a long-standing residence since pre-independence and their descendants (mainly from the Chinese and Indian communities)
II. Individuals who lack legal documentation (e.g. birth certificate)
III. Abandoned and orphaned children who were born and raised in Malaysia
IV. Children born out of wedlock or illegitimate children
V. Parents who had failed to register the birth of their children
The status of statelessness exposes this minority community to oppression, including infringement of basic human rights, restricted liberty of movement, forced displacement, restriction to land ownership, limited job opportunities and also access to education and healthcare services.
Apart from that, they are also vulnerable to arbitrary detention.
Based on a study conducted by activisit Mary Anne K. Baltazar et al. on children of Filipino descent in Sabah, it was found that over 60pc of respondents expressed feelings of unease due to various factors, including concerns about potential detention and a lack of identity.
In addition, due to the lack of legal rights, this marginalised community falls further into the country’s lower-income group (B40).
Frequently, the dilemma of this community is only looked at and resolved when the issue is raised on social media.
Many families in this community are vulnerable to “generational statelessness”, where statelessness runs for generations.
Impact of statelessness
Without legal identity, children receive little or no access to healthcare services and education – the two elements vital for a child’s development and future well-being.
Children from the stateless community are not entitled to reduced fees at a polyclinic, free vaccinations or childcare subsidies.
Considering that most stateless families in Malaysia are from the low-income group, they are unable to spend on health, insurance schemes or private education for their children.
In terms of education, schools, such as Sekolah Bimbingan Jalinan Kasih and the Professional Circular 1/2009 policy, have aided by providing fundamental education for stateless children.
However, the Professional Circular 1/2009 policy has a flaw in that it only enables undocumented children with at least one Malaysian citizen parent to enrol in public or government-aided schools.
Recently, the caretaker Education minister Fadhlina Sidek said the ministry is working on the process of schooling for undocumented children.
Comparatively, in Thailand, primary education is compulsory regardless of the status of citizenship, and children have the right to receive 12 years of free access to education.
In addition, school fees, subsidies for school uniforms, textbooks and other school needs are also provided by the Thai government (“A Legal Analysis of Stateless Children and their Rights to Education in Malaysia: A Comparative Study with Thailand”, International Journal of Academic Research in Progressive Education and Development, 2022).
Malaysian policymakers should focus on a holistic and inclusive approach, making primary and secondary education compulsory for all children and providing the required assistance to all students regardless of their national status.
With the right to education denied, these children are missing out on opportunities, such as a better standard of living in terms of higher income and an overall healthier lifestyle, and this is a potential human capital loss for the nation.
Even if they are part of it, many do not have access to medical care and job opportunities as people without citizenship are often discriminated and stigmatised in the community.
It is recommended that the Health Ministry focuses on provisions of universal healthcare services for the homegrown stateless community in Malaysia, particularly the health and well-being of children.
The government should establish systematic and efficient approaches and policies for identifying and addressing statelessness, so that these individuals will not be left in limbo.
Emir Research proposes the following recommendations:
1. Earmark central, integrated and systematic procedure and database on citizenship, passes and visas
So far, various identity registration documents have been used to register stateless and undocumented migrants, especially in East Malaysia.
Some examples include documents, such as the IMM13, Kad Burung-Burung, Sijil Banci, Pas Sementara Sarawak and the Pas Sementara Sabah.
Instead of having different documents for immigrants from different countries, state governments of East Malaysia should standardise and centralise identity registration documents.
Having a centralised database will simplify and smoothen the application process for both citizenships and other permit passes in the country and assist in identifying stateless individuals for targeted intervention programmes.
2. Expand existing mobile court programme to Peninsular Malaysia
In East Malaysia, since courthouses are only located in big towns and the less fortunate cannot afford to travel to court, the then chief judge of Sabah and Sarawak, Tan Sri Richard Malanjum, held hearings in the districts for convenience.
Cases heard by the mobile court include criminal charges, such as illegal logging, cases related to citizenship, late registration of deaths and births, marriage, family-related and inheritance concerns.
For instance, the Sabah mobile court has now served over 66 locations in Sabah, thanks to this initiative, and it is spreading throughout the area.
Peninsular Malaysia should also adopt a similar approach in focusing on a highly saturated homegrown stateless population, specifically in urban poor, rural and remote areas of West Malaysia.
3. Enhance pre-existing policies and regulations with respect to education
Firstly, amend Article 12 of the Federal Constitution by substituting the word “citizen” with “all residing in Malaysia regardless of their nationality”.
Simultaneously, the government should ratify Article 28(1)(a) of the United Nations Convention on the Rights of the Child.
Article 28(1)(a) states as follows: “Make primary education compulsory and available, and free to all.”
Given that the Education Ministry is trying to include undocumented children in the education system, it is vital for the government to ratify this subsection.
4. Members of Parliament (MPs) should play active role in providing on-ground assistance and advocating at the parliament level to eradicate homegrown statelessness
Although this marginalised population lacks political rights, MPs are, nonetheless, accountable for ensuring the welfare and well-being of people in their constituency as the chosen representatives of the people.
In conclusion, to steer clear of a chicken-and-egg scenario, it is important for the state and federal governments to progressively resolve the legal status of Malaysia’s native stateless population.
The writer is Research Assistant at Emir Research, an independent think tank focused on strategic policy recommendations based on rigorous research.
ADVERTISEMENT
