Combating Selective Xenophobia: A Call for Evidence-Based Discourse and Government Accountability - Where’s the proof?

As an activist and a person trained as a researcher, and someone who speaks to scholars deeply engaged with migration studies and social cohesion, I am compelled to address the pervasive issue of selective xenophobia in Malaysia, particularly in light of the discourse surrounding refugees and migrants as perceived threats akin to "barbarians at the gate." This narrative, rooted in fear and misinformation, not only perpetuates discrimination but also undermines the values of inclusivity and compassion that are foundational to our society.

We must challenge the myth of the "barbarians at the gate" by presenting empirical evidence that demonstrates the positive contributions of refugees and migrants to Malaysian society. No more of this."Do they look Malaysian, Muslim, non-Muslim, Rohingya baby, tak?” I flinched, the first time I heard this uttered by a Social Welfare Department officer, whe I brought an abandoned baby to their office!

Malaysia is a multi-diverse country, made up of different race, religion and colour! Race, nationality and colour-types are identities and stereotypes we give - they are manmade, ingrained narratives and policies we brand people with, especially now with babies and children who have no one else to say who they belong to. There is, no adult, lurking behind trees, waiting to jump out to claim Malaysian citizenship after they’ve abandoned their child! There is no nefarious plot from outsiders to take over this country- it isn’t planned by babies and children left to fend for themselves from the day they are born! Our laws and policies, our Federal Constitution right now ensures this cannot happen!

Studies have consistently shown that migrants contribute to economic growth, cultural diversity, and innovation, enriching the fabric of our nation. I ask those in favour for these amendments - where is the evidence, the data that these babies and children (who make up a portion of the foundlings left in the hospital because they cannot pay their much higher hospital bills and NOT dumped on the streets... This is to be differentiated from the majority of Malaysian foundlings dumped outside, on the streets or killed to hide shame and stigma) become national security threats after being adopted by Malaysian parents?

The narrative in Malaysia is about selective xenophobia!

Selective xenophobia often manifests when certain groups of foreigners, such as Rohingyas and migrants, are unfairly singled out and stigmatised, while others are embraced with open arms. We must know and it is imperative to recognise that alongside refugees and migrants, the most vulnerable group facing marginalisation in Malaysia are stateless children. Stateless children are born in Malaysia but are not recognised as citizens due to various reasons, such as lack of documentation or legal status. My friends and I have repeated over and over again for years - Statelessness among children in Malaysia takes various forms (10 or 11 categories that we can list), including:

1. Children of stateless parents: Even if born in Malaysia, children whose parents are stateless may inherit their parents' statelessness, leaving them in legal limbo without access to citizenship or rights.
2. Children born to Malaysian mothers and foreign fathers: Despite provisions in the Federal Constitution allowing for citizenship to be granted to children born abroad to Malaysian mothers, there are still cases where these children face statelessness due to bureaucratic hurdles or discriminatory practices.
3. Foundlings are another category of stateless children who are abandoned or orphaned and lack documentation of their birth or parentage. These children are particularly vulnerable and face significant barriers to accessing citizenship and rights.
4. Children born to undocumented migrants: These children may not have birth certificates or other documentation, rendering them stateless and without access to basic rights and services.
5. Stateless children adopted by Malaysian parents.
6. Orang asli and Orang asal children not registered by the parents for various reason

The category list goes on!

To counter the narrative that places the burden on stateless children or families or activists to prove their worth and right to citizenship, we must ask the government: Where is your proof before you remove the only safeguards in the Federal Constitution law to protect Malaysian children who aren’t recognised as such yet? Where is the data to support your stand? Surely you have direct correlational, irrefutable facts to support? We asked for these 6 months ago and are still waiting.

The onus is on the government to provide transparent data and evidence to substantiate claims of a "mythical floodgate" of migrants and refugees not on the child, clinging to the only lifeline which is the current articles in the Federal Constitution.

Once these amendments pass in Parliament, these children will be at the mercy of one minister and one ministry- they can no longer appeal to the courts to review and protect them. There will be no longer any ‘checks and balances’ to protect the most vulnerable amongst us!

Holding the government accountable for its narratives of selective xenophobia is crucial in challenging regressive amendments that further marginalise vulnerable populations, including stateless children. It is imperative to demand transparency, reject fear-based rhetoric, and embrace a narrative of empathy, solidarity, and human rights.

I must remind the government that though Malaysia is not a signatory to the United Nations Convention on the Rights of Refugees and Statelessness and we have reservations on Identity and equal and free access to education in the UN Conventions on the Rights of the Child, we still are signatories to the Convention on Human Rights, CEDAW and Islamic laws and conventions, protecting all children. Never mind common decency and values.

Combating selective xenophobia and addressing the issue of statelessness require a concerted effort to dismantle myths, promote understanding, and advocate for inclusive policies. By drawing on rigorous research and academic expertise, we can contribute to a more compassionate and just society for all, where the rights of every child, regardless of their status, are upheld and protected.

We must engage in nuanced discussions that address the root causes of migration, including poverty, conflict, and persecution. By understanding the underlying factors driving displacement, we can develop more effective and humane responses that prioritise protection, assistance, and durable solutions for refugees and migrants.

At the same time, we must confront the structural inequalities and institutional barriers that perpetuate selective xenophobia. This requires advocating for inclusive policies and legal frameworks that uphold the rights and dignity of all individuals, regardless of their nationality or immigration status. It also entails promoting dialogue and collaboration between host communities and displaced populations, fostering mutual understanding and solidarity.

Combating selective xenophobia requires a concerted effort to dismantle myths, promote understanding, and advocate for inclusive policies. By drawing on rigorous research and academic expertise, we can contribute to a more compassionate and just society for all.

All this takes time to untangle, research, gather the facts, compile the data and present to Malaysians. Why the hurry? Where’s the proof?

That is what those against the amendments are asking for. Decouple the amendments, push through the mothers’ amendment and delay the other regressive amendments. Aren’t the lives of all children in Malaysia, worth the same and equal in values and rights?

Datuk Dr Hartini Zainudin is a child activist and co-founder of Yayasan Chow Kit, a 24-hour child-crisis centre dedicated to providing marginalised and displaced children—including the abused, neglected, trafficked and abandoned—with basic needs, counselling and protection. The views expressed in this article are the author's own and do not necessarily reflect those of Sinar Daily.