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Friday, June 20, 2014

Being stateless - what does it mean?


COMMENT According to the United Nations High Commission for Refugees (UNHCR), a stateless child is defined as ‘an individual who is not considered as a national by any state”.

At its website, UNHCR further elaborates: ‘Statelessness occurs for a variety of reasons, including discrimination against minority groups in nationality legislation, failure to include all residents in the body of citizens when a state becomes independent (state succession) and conflicts of laws between states.”

In 1954, the United Nations adopted the Convention Relating to the Status of Stateless Persons, yet today it estimates there are at least 10 million stateless people worldwide.

Malaysia is a signatory to the UN Convention on the Rights of the Child since 1995. This is sufficient for our federal government to have the political will to act in the best interests of a  child, so long as the child is born in this land to a Malaysian parent.

The issue of ‘illegitimacy’ of the child should not become the contention of the National Registration Department (NRD), especially when the child is both innocent and did not ask to be born into this world. ‘Stateless’ for a child is therefore the worst form of discrimination that a state can practice.

According to the UNHCR, the problem of statelessness can be prevented through adequate nationality legislation and procedures as well as universal birth registration.

These points should be taken into account by both our Ministry of Home Affairs and the Ministry of Women, Family and Community Development.

The UNHCR points out that statelessness has ‘a terrible impact on the lives of individuals. Possession of nationality is essential for full participation in society and a prerequisite for the enjoyment of the full range of human rights.’

A ‘non-legal entity’

Being stateless means that you are a ‘non-legal entity’ in the country that you were born in.

In other words, you cannot open a bank account or properly register at a national school because your birth certificate will carry your status as a non-citizen.

The stigma of being stateless sometimes stays on in the lives of the child as he enters adulthood.

Despite having excellent results, the child will not be able to apply for scholarships that are otherwise meant for locals.

When he grows up, he cannot own properties or even apply for a bank loan. His marriage registration would encounter some hiccups, him being considered by the NRD as a ‘foreigner’.

In another report by UNHCR, writer Mark Manly wrote: ‘Everyone should have a nationality. Unfortunately there are up to 12 million people around the world today who do not have any nationality at all.

“What this means is that they are pushed to the margins of society and subject to discrimination and this has a devastating impact on people's lives.

“Without having a legal existence, people are unable to send their children to school, to work legally or to have access to healthcare.

“Some people cannot even get birth certification for their children or a death certificate and people cannot marry. So you can see how, over time, this can have a devastating impact on people's lives and a major impact on their psychological health.”



STEPHEN NG is a chemist by training. He dealt with printing ink, paint and emulsion polymer for 15 years before becoming a freelance writer.

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