IN Malaysia, thousands of people live in the shadows — stateless, unseen and unrecognised by any country. They are children locked out of classrooms, mothers denied access to healthcare, and workers stuck in low-paying, unstable jobs — all because they lack one essential thing: a citizenship document.
Many of these individuals were born and raised in Malaysia, yet the law renders them invisible, denying them the rights and opportunities most of us take for granted.
Citizenship is a fundamental human right, enshrined in Article 15 of the Universal Declaration of Human Rights. Yet, countless individuals around the world are denied this basic right. Shockingly, it is estimated that every 10 minutes, a stateless child is born.
This is more than just a legal oversight — it is a humanitarian crisis. Behind every stateless person is a story of resilience, of dreams deferred and of untapped potential.
It's time for Malaysia to rewrite this story, to recognise and protect every person within its borders. No one should have to live without a place to belong or the hope of a brighter future.
Statelessness is when a person is not recognised as a citizen by any country under its laws. Without legal identity, stateless individuals are denied basic rights like education, healthcare, employment and freedom to travel, leaving them invisible in the eyes of the law and trapped in a life of exclusion and missed opportunities.
BORN BEFORE INDEPENDENCE
This isn't some faraway problem that only touches a few — it's much closer than we think. Believe you don't know anyone who is stateless?
Look again. It exists in our communities, often hidden in plain sight. It's a struggle that disproportionately affects marginalised groups, including minority communities and indigenous groups like the Bajau Laut, many of whom have been part of this land for generations.
These are people born before independence or Malaysia Day, or whose families settled here during that time. Many toiled in estates, living quiet lives on society's fringes.
Some face language barriers or have minor criminal records, further complicating their ability to claim the citizenship that should rightfully be theirs. They are our neighbours, our fellow Malaysians in spirit, even if the system denies them recognition on paper.
"The pre-independence issue is not confined to one group," says Maalini Ramalo of Development of Human Resources for Rural Areas (DHRRA) Malaysia, an organisation dedicated to enhancing self-awareness and equipping vulnerable communities with essential living skills. "While we predominantly see this among minority Indians, we've also observed it occurring within Chinese minorities and Sabah and Sarawak's indigenous communities who face similar struggles."
OUT OF WEDLOCK
Imagine someone you know — a cousin, a friend, or even a neighbour — has a child out of wedlock with a foreign or stateless woman. That child could grow up stateless, without legal recognition from any country. Under Malaysia's Federal Constitution, fathers are barred from passing their citizenship to children born outside of a legally recognised marriage.
If the mother is stateless, from a country that doesn't allow her to confer nationality, or if her identity is unknown, the child is left without a nationality. These legal gaps leave countless children in limbo, denied basic rights and trapped in a cycle of exclusion and uncertainty.
"Three years ago, we handled a unique case," Maalini recalls. "A Malaysian man's partner from Papua New Guinea faced passport delays, preventing them from registering their marriage. When their child was born, the baby was deemed illegitimate and stateless, as Papua New Guinea's laws barred women from passing citizenship to children born abroad. Even after their marriage was formalised, the child's status remained unchanged, leading to a court battle."
This case highlights how archaic marriage laws in Malaysia continue to fail children, leaving them vulnerable and stateless. Delays and technicalities rendered the child stateless — a harsh punishment for circumstances entirely beyond their control. It's a powerful reminder that outdated laws fail to address the complexities of real-life situations, leaving innocent children to suffer the consequences of systemic shortcomings.
Furthermore, if the mother is stateless, registering a marriage becomes a daunting challenge due to the lack of legal documentation. Without a registered marriage, any child born is automatically deemed illegitimate under Malaysia's laws, leaving them stateless.
This legal loophole creates a ripple effect — stateless parents unable to secure citizenship for their children, perpetuating a cycle of intergenerational statelessness. What begins as a single bureaucratic hurdle grows into a lifelong struggle, trapping entire families in legal and social limbo.
PARENTS UNKNOWN
Foundlings — abandoned children whose parentage is unknown — are among the most vulnerable to statelessness. Without proof of their parents' identities or nationalities, these children are left without a clear legal connection to any country.
In Malaysia, while the Federal Constitution provides for the presumption of citizenship for children found within the country's borders, the lack of consistent administrative procedures often leaves foundlings in legal limbo.
Although Article 19B of the Federal Constitution states that a child is entitled to citizenship, the lack of clear administrative guidelines or procedures for its implementation within the National Registration Department (NRD) creates significant barriers.
Abandoned children in Malaysian government homes often receive a Green IC (MyKAS), a temporary resident card renewed every five years. Despite being born and raised in Malaysia, they are frequently denied citizenship and a Blue IC, which grants full rights. Misunderstandings by law enforcement, who sometimes mistake the Green IC for a fake, add to their struggles.
"The government tends to frame that abandoned children, foundlings and adopted kids are the children of migrants," explains Maalini. "But the truth is, the stigma against children born out of wedlock pushes some Malaysian parents, especially mothers, to abandon their own children. They feel they have no other option, leaving these children to grow up without legal recognition or a place to belong."
The situation does not get better even if they're adopted.
Malaysia's nationality law, under Article 14(b) of the Federal Constitution, allows adopted stateless children to acquire their adoptive parents' nationality.
However, the 1952 Adoption Act lacks provisions for automatic citizenship, leaving decisions to the National Registration Department under Article 15A. This creates uncertainty and significant delays for adoptive families.
For parents who adopt stateless children, the challenges extend beyond legal barriers. Many are forced to pay foreigner's fees for their child's education and healthcare, despite raising them as part of their family.
One case highlights the emotional strain this system creates: adoptive parents, who tried to shield their child from the truth, were eventually forced to explain why they couldn't obtain a Blue IC like their siblings. The lack of clear pathways for adopted stateless children adds layers of hardship to families already navigating complex realities.
NATIVES AND MULTIGENERATIONAL MIGRANTS
The Bajau Laut, often called sea gypsies, are a nomadic maritime community native to the Sulu and Celebes Seas, spanning Malaysia, the Philippines and Indonesia. Renowned for their seafaring skills and traditional fishing lifestyle, they have lived on houseboats and stilt houses for generations.
Their statelessness stems from their historic mobility, a way of life that predates modern borders. As Malaysia, the Philippines, and Indonesia established formal borders and citizenship laws, the Bajau Laut, who traditionally did not prioritise documentation, were left without legal recognition.
This lack of status denies them access to essential services like healthcare, education, and legal employment, trapping them in a cycle of poverty and marginalisation besides threatening their unique heritage and way of life.
For activist Yap Xiang of Borneo Komrad, a youth-led initiative championing education, culture and human rights, the Bajau Laut's statelessness is deeply rooted in their historic mobility across the Sulu and Celebes Seas — a lifestyle that predates modern borders.
"Their statelessness is an issue they've grappled with for generations," Yap explains. He further highlights the scale of the problem, noting: "It's estimated that there are 10,000 to 20,000 stateless children in Semporna alone," emphasising the urgent need for action.
Yap shares the story of Anwar, a young man whose father made repeated attempts to secure citizenship for him, only to face rejection at every turn. Eventually, his father gave up, leaving Anwar with limited access to education and opportunities.
Now, Anwar has travelled from Semporna to Tawau, where he works as a kitchen helper, earning a meagre RM900 a month.
"It's barely enough to survive," Yap says, adding: "But when you're stateless and have no documentation, there's little choice."
Then there's Sabri, who contracted tuberculosis because he didn't receive the necessary vaccines as a baby.
"At the Semporna general hospital, there's a special section just for TB patients," Yap shares.
This highlights a stark reality: tuberculosis, a disease largely under control elsewhere, persists as a silent pandemic among stateless communities. Without access to vaccines and basic healthcare, what should be a preventable illness continues to thrive, reflecting the dire health inequities faced by the stateless in Malaysia.
In Sabah, multigenerational migrants of Filipino or Indonesian descent face a heartbreaking plight. Born and raised in Malaysia, they remain stateless, with no legal identity or access to basic rights.
Despite mechanisms in the Philippines and Indonesia to grant citizenship, many lack the documents, awareness, or resources to navigate the process. Trapped in legal limbo, they belong nowhere. Resolving this issue demands administrative reform and collaboration between Malaysia and its neighbours to give these children a rightful place to call home.
The Orang Asli communities in Peninsular Malaysia often become stateless due to a lack of proper documentation and systemic barriers to registration. Many are born in remote areas without access to birth registration facilities, and parents may be unaware of the importance of timely registration.
Additionally, intermarriages between Orang Asli and individuals from neighbouring countries can complicate citizenship claims for their children, especially when proper records are not maintained.
Discriminatory practices and bureaucratic inefficiencies further exacerbate the issue, leaving many Orang Asli without legal recognition. This statelessness denies them access to essential services like healthcare, education and legal employment, perpetuating cycles of marginalisation and poverty within these indigenous communities.
For many Orang Asli and indigenous communities in Malaysia, the recent amendments to the Federal Constitution have brought a new wave of challenges. With many holding red MyKads, which denote permanent resident status, they often assume their Malaysian-born children will automatically receive blue MyKads and become citizens.
However, the new changes explicitly exclude children of red MyKad holders from automatic citizenship. This leaves indigenous children born on Malaysian soil in a legal limbo, denying them the rights and protections of citizenship.
For communities already marginalised and struggling with access to education, healthcare and employment, this amendment further deepens their exclusion, perpetuating cycles of poverty and statelessness. The Orang Asli and other indigenous groups now face the daunting task of navigating complex legal processes to secure recognition for their children, highlighting the urgent need for a more inclusive and equitable approach to citizenship laws.
SOLUTION NEEDED
Statelessness in Malaysia is a significant issue, with estimates suggesting the actual number of stateless individuals may exceed official reports. While the United Nations High Commissioner for Refugees (UNHCR) reported approximately 117,070 stateless persons in Malaysia at the end of 2023, this figure may not capture the full extent of the problem.
For instance, DHRRA identified 12,350 stateless individuals during a mapping exercise across four states in West Malaysia in 2014. Similarly, the Child Rights Coalition Malaysia estimated in 2012 that there were around 50,000 undocumented children in the country, many at risk of becoming stateless.
These numbers are likely to have increased over the years, yet the Malaysian government has not provided any official figures on the current scale of statelessness. This lack of data is deeply concerning, as it hinders efforts to address the issue effectively.
The government's lack of recognition of this issue raises pressing questions. Why has there been no effort to collect comprehensive data, a crucial first step in understanding the scale and impact of the problem? The absence of such initiatives suggests either a lack of awareness or a reluctance to address the issue head-on.
How long will this oversight continue, leaving countless individuals in limbo while the problem festers? Failure to act risks escalating the situation, potentially creating systemic barriers that hinder social cohesion and the country's overall development. Proactive measures are urgently needed to prevent further harm and foster progress.
Addressing statelessness in Malaysia requires urgent and comprehensive action. Simplifying and clarifying the processes for birth registration and citizenship applications is critical, particularly for vulnerable groups. Laws must adapt to the realities of modern society, ensuring that no child born in Malaysia grows up stateless.
Furthermore, the government must work alongside civil society organisations and activists to create inclusive policies that respect human rights and uphold the dignity of all individuals. By tackling these issues, Malaysia can take a significant step toward justice, equity and a future where no one is left behind.