Statelessness: Our privilege, their desperation

SHAH ALAM - Statelessness remains a presistent issue in Malaysia, affecting thousands of individuals who lack legal recognition and access to basic rights.

The path to citizenship can be fraught with challenges and the stories of Joenne Chuah and an anonymous young woman shed light on the challenges faced by stateless individuals and the resilience they display in their fight for citizenship.

Despite facing bureaucratic obstacles, long waits and emotional struggles, both of them managed to secure their citizenship, highlighting the perseverance required and the systemic issues that stateless individuals continue to face in their quest for legal recognition.

A journey to citizenship

Chuah, 25, who works as a paralegal was adopted in 2000 as a newborn.

She said her adopted parents were unaware of the legal adoption process for a newborn and claimed her as their biological child.

It was not until she was 11 years old when she needed to apply for an identity card (IC) that she discovered that she was adopted.

"I didn't have any issues until I was 11 years old, when we needed to apply for an IC. My application was held up because I looked different from my Chinese parents. That's when I discovered I was adopted.

"Back then, we didn't have social media and even today, I never see advertisements about how to register a child or legally adopt one," she said.

The revelation, she said marked the beginning of a long and arduous journey to obtaining a citizenship.

She said she was considered lucky because the process was straightforward for her.

"I applied for adoption and citizenship since I could not prove my Malaysian identity," Chuah explained.

Despite this, she said it took 12 years for her to finally obtain citizenship last year, at the age of 24.

During the years she was stateless, Chuah managed to complete her law degree at a private university, thanks to her parents' financial support.

"I call myself lucky because I didn't face issues in my studies, but I realised not everyone is as fortunate.

"Stateless families with multiple children face significant financial burdens, with no access to free textbooks, subsidies, or free university education," she said.

Chuah's work on statelessness cases has exposed her to the struggles of others, noting that there was a lack of awareness about legal process.

"Not everyone adopts children through the orphanage, sometimes, it's relatives handing over kids.

"There's a lack of awareness about the legal processes," she said.

She advised stateless individuals to not give up if their application was being rejected and to always advocate for their rights, but also focus on opportunities to study and develop skills.

Battling discrimination and bureaucracy

Another poignant story involved a young woman whose father is Sabahan and mother, likely undocumented at her birth, is Filipino.

"Because my parents weren't legally married, I faced discrimination. Despite being born and raised in Sabah, my father couldn't confer citizenship to me," she shared.

The bureaucratic hurdles began when she was 12 years old, as her family discovered she could not apply for an IC.

"We applied for citizenship under Article 15(a) when I was 13-years-old. My application took three years but it was rejected without any justification," she said.

She also said that lack of guidance and clarity left her and her family feeling clueless and frustrated.

Undeterred, she applied again at 19 years old, after extensive research and connecting with others in similar situations.

"In 2019, I submitted my second application and this year, I finally obtained my citizenship along with my brother. It was a relief, although my younger brother is still awaiting approval.

"Yet, the greatest challenge has been feeling excluded by society and lacking equal access. While I had access to education and healthcare, the societal exclusion was particularly difficult," she said.

Despite these challenges, she remained hopeful.

"I'm planning to continue advocating for equality and access for all stateless individuals," she added.

It was reported that as of December 2023, some 16,000 applications had gone through non-governmental organisation Development of Human Resources for Rural Areas (DHRRA), of which 7,000 had been resolved, 500 awaiting verification while 9,392 are waiting for approval.

DHRRA social protection director Maalini Ramalo said 87.55 per cent (8,223) applications involved children born out of wedlock or adopted by Malaysian parents.