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06 Dec 2024
5 Min Read
Afrina Arfa (Alumni Columnist)
Stateless children in Malaysia are caught between two worlds—born here, but belonging nowhere, deprived of their rights and denied the opportunities to thrive.
Have you ever noticed how introductions often follow a specific structure? Name, age, nationality—always in that order. Your name defines your personal identity, your age offers perspective on your experiences, and your nationality determines your cultural, social, and political identity. But what happens when that last part is missing? You would be stateless—an individual with no nationality and no country to call home. This is the harsh reality for many in Malaysia: stateless children who are born on Malaysian soil and, in some cases, to one or both Malaysian parents, yet are denied the right to claim Malaysian citizenship.
In Peninsular Malaysia, an estimated 12,000 to 16,000 people, including children, are stateless. In Sabah, the number is significantly higher—around 300,000. These figures may be overestimated due to the lack of reliable methods for accurately tracking stateless individuals, as they are often indistinguishable from foreign workers and undocumented migrants. However, one thing is clear: tens of thousands of children in the country face systemic barriers from birth, purely due to circumstances beyond their control.
According to the United Nations' 1954 Convention relating to the Status of Stateless Persons, a stateless person is defined as someone who is 'not recognised as a national by any state under the operation of its law'. If the person is under 18, they are considered a stateless child. In Malaysia, one of the most common causes of statelessness among children is being born out of wedlock. Other causes include being born to parents whose marriage was registered after the child's birth, registered overseas, or in cases of adoption where legal procedures are not properly followed.
Among the most vulnerable are foundlings, or abandoned children, who face even greater challenges in acquiring Malaysian citizenship, especially when there is little or no information about their biological parents. If a foundling is adopted, they may be eligible for citizenship through their adoptive parents. While this offers a potential solution, the application process is often lengthy and complex, particularly for parents without legal expertise. This can lead to repeated rejections, and if the process is not completed before the child turns 21, they risk remaining stateless for the rest of their lives.
Citizenship, however, is just one piece of a much larger puzzle. For stateless children, the lack of nationality impacts nearly every aspect of their lives, from accessing education and healthcare to securing future employment.
One of the first and most prominent barriers stateless children face is access to education. Many are already trapped in a cycle of poverty, and the high cost of private schools is far beyond their reach, leaving public schools as their only option. However, even public schools pose a major challenge, as children without proper identification are often denied enrollment. In fact, over 300,000 children in Malaysia, including stateless children, have been rejected due to a lack of legal documentation. While the Malaysian government introduced the Zero Reject Policy in 2019 to help undocumented children access primary and secondary education, this policy does not extend to tertiary education. Despite having outstanding results, they are unable to pursue further studies.
Healthcare is another critical barrier for stateless children. Similar to education, the high cost of healthcare often prevents stateless children from accessing the medical care they need. Non-citizens are charged between 24 and 100 times more than Malaysian citizens, according to a panel of doctors. However, cost is not the only barrier. Under the Immigration Act 1959/63, the Director General of Health mandates that all government healthcare staff report undocumented individuals to the authorities, including children. As a result, many in the stateless community avoid medical facilities—even when urgent care is needed—for fear of being detained or deported.
Another significant barrier arises as stateless children become adults. Upon turning 21, those without citizenship must apply for a work permit to enter the workforce legally. However, the application process requires them to recognise their status as foreigners, acknowledging their lack of citizenship—a difficult and demeaning reality for those born and raised in Malaysia. The process also involves providing proof of employment, securing sponsorship from a company, and paying substantial fees. Even if successful, stateless individuals are often restricted to specific sectors or low-skilled jobs that offer low wages, minimal job security, and limited opportunities for career advancement. This further entrenches them in the cycle of poverty, forcing many to work merely to survive rather than thrive.
Underemployment and underpayment among stateless individuals contribute to a broader economic issue. Barriers such as work permit restrictions, lack of official documentation, and societal stigma limit many from accessing quality employment opportunities. According to 2018 data, the underutilisation of this workforce has resulted in an estimated annual productivity loss of around RM6 billion.
To address this issue, as well as the larger challenge of statelessness, the government has proposed a constitutional amendment that would grant both parents equal rights to confer citizenship to their children born overseas. This follows cases where children born to Malaysian mothers were previously denied the right to inherit Malaysian citizenship. While the amendment represents a step towards resolving statelessness, progress has been slow. With the number of stateless individuals continuing to rise, there is an urgent need for more proactive measures to reduce their numbers and remove the barriers preventing them from fully participating in the workforce. By doing so, the government could tap into untapped human potential, boosting national productivity and fostering long-term economic growth.
While many of us enjoy the privileges of citizenship—access to education, healthcare, and employment without barriers—countless children in Malaysia are deprived of these basic rights. Statelessness serves as a stark reminder of how easily these privileges can be withheld, not only limiting personal potential but also hindering national progress. For those of us who can fully participate in society, it is essential to recognise the privileges we often take for granted and consider how we can contribute to a more equitable system. The fight for justice and equality is ongoing, and each of us has a role to play in building a more inclusive society.
Afrina Arfa is a Bachelor of Finance and Economics (Honours) alumna of Taylor's University. She spends her time indulging in economic news, hoping to inspire others to think beyond the constraints of society.
