An Exploratory Study on Statelessness among Undocumented Population in Sarawak

Dayang Hajyrayati, Awg Kassim and Noor Azlan, Mohd Noor (2023) An Exploratory Study on Statelessness among Undocumented Population in Sarawak. In: 4th International Conference on Social and Economic Development (ICSED 2023), 14-15 November 2023, University Malaysia Terengganu.

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Abstract

Indigenous communities in Sarawak are at risk of statelessness due to their inability to comply with National Registration Department birth registration regulations. Given the severity of statelessness in Sarawak, there are limited studies on this subject. This article provides a preliminary examination of the causes of statelessness among undocumented Sarawak's indigenous population. Hence, the primary aims of this paper is to identify structural and contextual causes that contributes to statelessness among the indigenous community living in Sarawak from the perspective of multiple stakeholders, including stateless people themselves. This study was conducted using a qualitative research design between June 2021 and February 2023. The study utilizes existing secondary sources of information and incorporates the perspectives of a variety of stakeholders through in-depth interviews and participant observation. In-depth interviews were conducted with ten stakeholders, including one government official, one human rights activist, one academician, 3 local NGOs representatives, and 4 stateless individuals and their families. The preliminary findings of the study reveal instances of “unintentional” statelessness caused by an inconsistency between the people's understanding of the law (or the lack thereof) and what is required by the systems. In this note, administrative barriers and gaps in nationality law emerge as major structural causes. Meanwhile, infrastructural barriers, cross-border marriages, and marriage customs according to adat were identified as contextual causes that contribute to the stateless condition. This paper calls for renewed efforts toward a formulation of more efficient intervention and inclusive policies, legal reforms, and the establishment of good practice in human rights advocacy aimed at reducing statelessness and its negative effects.

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