INTRODUCTION
The right to nationality is a fundamental human right, securing an individual’s legal identity, recognition by the State, and access to rights, obligations, and protections under the law, including education, healthcare, and freedom of movement.
In Malaysia, an estimated 4.2 percent of children are non-citizens, in other words, the children are either undocumented, stateless, refugees or migrants. Children are amongst the most vulnerable within the country. Already, Malaysian children face a triple burden of malnutrition, with the issue particularly high in rural and Indigenous communities (UNICEF, 2023).
The Office of the Children’s Commissioner (OCC) in Malaysia, as part of the Human Rights Commission, is responsible for protecting and supporting the rights of children as per the United Nations Convention on the Rights of the Child (CRC) 1989, since 2019 (SUHAKAM, n.d.-b). The OCC has defined statelessness as one of the most critical issues for children’s security and rights in the country (SUHAKAM, n.d.-a).
BEHIND STATELESSNESS
2.1. Stateless children
As per Article 1 of the CRC, “a child means every human being below the age of eighteen years” (United Nations, 1989). The definition offered by the CRC has been accepted by Malaysia with its ratification of the Convention in 1995.
Statelessness, as defined by Article 1 of the United Nations Convention relating to the Status of Stateless Persons 1954, is a “person who is not considered as a national by any State under the operation of its law” (United Nations, 1954), referring to de jure statelessness, where an individual is not recognised as a citizen by any country according to its legal framework.
The statelessness of children in Malaysia begins when they are denied birth certificates from the National Registration Department (NRD) despite being born in the country (Ko & Cooray, 2024; Bathmaloshanee, 2022). It is thus difficult to determine how many children face significant challenges due to the lack of legal identity (Ko & Cooray, 2024).
2.2. Without nationality
In Malaysia, citizenship is determined by jus sanguinis as outlined in the Federal Constitution. A child’s nationality depends on the marital and citizenship status of the parents, as the child must be born in Malaysia to married parents, with at least one being a Malaysian citizen or permanent resident. However, this system can leave children at risk of statelessness.
2.2.1. Legal limitations to the registration of children
Despite the children being born in the country, a child may suffer from statelessness per cause of (Ko & Cooray, 2024) : (1) The non-registration of a marriage. If a marriage is not officially recognised by the State, the legal relationship to the parents may be unclear. Moreover, in cases of non-marriage, the child may not be able to claim its nationality through the father and hence, is at risk of being stateless. (2) Unregistered births may lead to statelessness as a birth must be registered within 14 days. In instances with remote locations, meeting the deadline may prove complicated, especially for Indigenous and rural communities. (3) Adopted children face statelessness as their citizenship rights are not addressed in domestic laws. The Adoption Act grants the adopted child the status of a child born out of lawful wedlock to the adoptive parents, yet citizenship is not automatically granted. (4) Abandoned children found in the country are presumed to be Malaysian. However, in practice, authorities may not always apply this presumption, particularly if there is no proof of birth in Malaysia. Many such children are issued temporary or special residence permits but not full citizenship, leaving them effectively stateless.
It is possible in certain cases for children to apply for citizenship, but the process is long, complicated and subject to administrative hurdles. Moreover, it often requires supporting documentation that families may not have.
2.2.2. Children from migratory backgrounds
Children from migratory backgrounds such as refugees, asylum seekers, or migrants are often stateless as a consequence of their parent’s lack of citizenship. Notably, the Rohingya community has found refuge in Malaysia since the 1980s and are, after almost three generations, part of local communities, particularly in Kuala Lumpur, Penang, and Johor (Ko & Cooray, 2024; Abdullah et al., 2018).
However, Malaysia has not ratified the 1951 Refugee Convention regarding the status of refugees. Rohingya children are thus particularly vulnerable, as they are non-existent as per the law (Ko & Cooray, 2024).
“The absence of a legal framework distinguishing refugees/asylum-seekers, stateless persons, and undocumented migrants creates unpredictability for these groups. Without formal legal status, they face barriers to fundamental rights” (SUHAKAM et al., 2023).
2.2.3. Indigenous communities
Children from Indigenous communities, particularly Sabah and Sarawak, are more vulnerable to statelessness due to several intertwined factors. Firstly, the geographic isolation of the communities with limited access to civil services restricts the possibility of registering the births and marriages (Ko & Cooray, 2024). Secondly, customary practices in the case of marriage may differ and consequently result in a lack of formal registration. Thirdly, Indigenous communities often face bureaucratic and discriminatory challenges rooted in historical marginalisation and the lack of formal recognition of their rights. Fourthly, the border proximity particularly in Sabah to the Philippines and Indonesia, has led to questioning of the citizenship of the local communities.
2.2.4. Transmission of nationality
There is an unequal transmission of nationality where Malaysian fathers can automatically pass their nationality to their legitimate children, whereas mothers are unable to do so (Ko & Cooray, 2024). Instead, they must undergo a slower and uncertain process to gain citizenship by application for their child, where many are effectively without nationality during the process. In 2021, the Malaysian High Court ruled in favour of granting Malaysian mothers equal rights as fathers to confer citizenship to their children born abroad (Ding, 2022). However, the government appealed the decision, and in 2022, the Court of Appeal overturned the ruling (Kevin Wu & Associates, 2023). To date, the Federal Constitution has not been amended to reflect gender parity, despite continued advocacy by civil society and women’s rights groups.
THE IMPACTS OF STATELESSNESS
Non-citizen children are amongst the most vulnerable in Malaysia, with increased risks of poverty, child labour, violence, abuse, and exploitation (UNICEF, 2023).
3.1. Education
The right to education is a fundamental right, as it is “the key that unlocks the many doors that an individual will go through in the different stages of life” (Ko & Cooray, 2024). It is a universal right included in the 1948 Universal Declaration of Human Rights (UDHR).
In Malaysia, only citizen children are able to attend public education, whereas stateless children face significant barriers: they are often excluded from the education system, leaving them without access to basic education. However, the children are able to access private schooling or alternative schools. Yet, the cost of private education and the quality of alternative schooling are limiting, and many children are unable to attend standardised and quality education (SUHAKAM, n.d.-a; Ko and Cooray, 2024; UNICEF, 2023). In 2022, an estimated 300,000 stateless children were denied education (Ko and Cooray, 2024; FMT Reporters, 2022). The national school admission guidelines are in contradiction with the inclusive principles of the Federal Constitution and some commitments to children’s rights, specifically in regard to equal treatment.
The 2019 Zero Reject Policy is an important step for the education of stateless children, through allowing undocumented and stateless children to access public primary education. However, the policy’s scope remains limited and does not cover all stateless children (Ko and Cooray, 2024; Saman & Affandi, 2018).
3.2. Healthcare
Non-citizen children are more vulnerable in regard to health than Malaysian children. Indeed, the mortality rate of children under the age of five is 25 times higher than for citizens (UNICEF, 2023).
The children are also facing significant challenges in accessing healthcare, as without the citizen status, they are treated as foreigners and are charged considerable fees. They are thus denied free medical care (SUHAKAM, n.d.-a; Ko & Cooray, 2024).
3.3. Formal employment
In adulthood, the stateless individuals are denied the right to formal employment due to their lack of citizenship and are thus required and able to apply for work permits to work legally in Malaysia (Ko & Cooray, 2024).
3.4. Crime and substance abuse
Stateless children are often seen as threats to security (Ko & Cooray, 2024). As a result, often marginalised and neglected, they sometimes fall into criminal activities and substance abuse. Many face sustained discrimination, abuse, and lack of opportunities, hence increasing their vulnerability.
3.5. Cycle of invisibility
Children born to stateless parents often remain in a cycle of statelessness and legal invisibility that spans generations. Without legal identity or citizenship, they are denied access to fundamental rights such as education, healthcare, and legal protection, perpetuating their marginalisation and making it extremely difficult to break the cycle for future generations.
IMPROVEMENTS
In recent years, Malaysia has taken notable steps to address the issue of statelessness among children, particularly through policy reforms and legal decisions. The 2019 Zero Reject Policy was a significant step forward, though it remains limited. Civil society actors such as SUHAKAM and DHRRA have been instrumental in providing legal aid and raising awareness among affected communities. On the legal front, courts have occasionally ruled in favour of giving citizenship to children born in Malaysia. In a major development, a 2025 out-of-court settlement allowed children born abroad to Malaysian mothers to register for citizenship (Sinar Daily Reporter, 2025; Tee, 2025).
Yet, despite these efforts, systemic barriers, inconsistent implementation, and bureaucratic delays continue to hinder effective and inclusive protection for all stateless children.
CONCLUSION
The stateless status of children in Malaysia is of crucial importance. The children are amongst the most vulnerable and marginalised members of society. Their lack of access to the fundamental human right to nationality hinders access to other rights, with great challenges for education, healthcare, and formal employment, resulting in further poverty, exclusion, and vulnerability.
Despite being born in the country, many children are faced with significant challenges, propelling generations into cycles of invisibility.
BIBLIOGRAPHY
Abdullah, A., Dali, A. M., & Razak, M. R. A. (2018). Surviving Stateless Refugees: The Uncertain Future of Rohingya’s Children In Malaysia. Malaysian Journal of History, Politics & Strategic Studies, 45(1). https://ejournal.ukm.my/jebat/article/view/26050
Bathmaloshanee, M. (2022). Report: Statelessness in Malaysia (M. Ramalo & S. M. Sinapan, Eds.).
Ding, E. (2022, August 3). Malaysian mothers fight country’s unequal citizenship laws. Aljazeera. https://www.aljazeera.com/news/2022/8/3/malaysian-mothers-fight-countrys-unequal-citizenship-laws
FMT Reporters. (2022, March 2). Putrajaya not following policy on education for all children, group laments. Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2022/03/02/putrajaya-not-following-policy-on-education-for-all-children-group-laments
Kevin Wu & Associates. (2023, March 10). The Citizenship Battle between Malaysian Mothers and the Government of Malaysia. Kevin Wu & Associates | Advocates and Solicitors. https://www.kevinwuassociates.com/post/the-citizenship-battle-between-malaysian-mothers-and-the-government-of-malaysia-commentary-on-suria
Ko, Z. Y., & Cooray, M. A. E. (2024). Legal and Social Issues of Stateless Children in Malaysia. Asian Journal of Law and Policy, 4(1), 77–98. https://doi.org/10.33093/ajlp.2024.4
Saman, M. M., & Affandi, N. H. M. B. (2018). Honouring Primary Education for Stateless Children: Analysis of Malaysian Legal Perspective and Current Practice. International Journal for Studies on Children, Women, Elderly and Disabled, 3.
Sinar Daily Reporter. (2025, March 10). Settlement grants citizenship application rights to children born overseas to Malaysian mothers | Sinar Daily. Sinar Daily. https://www.sinardaily.my/article/226145/focus/national/settlement-grants-citizenship-application-rights-to-children-born-overseas-to-malaysian-mothers
SUHAKAM. (n.d.-a). Stateless Children. SUHAKAM. https://suhakam.org.my/portfolio/stateless-children/
SUHAKAM. (n.d.-b). The Office of the Children’s Commissionner. SUHAKAM. https://suhakam.org.my/occ/
SUHAKAM, UNHRC Malaysia, IRC, & ADSP. (2023). ADSP: Policy Brief: Realising the Right to Education for Refugee and Stateless Children in Malaysia.
Tee, K. (2025, March 10). Family Frontiers, govt reach settlement entitling Malaysian mums’ kids born before 2024 constitutional amendment to citizenship. Malay Mail . https://www.malaymail.com/news/malaysia/2025/03/10/family-frontier-govt-reach-settlement-entitling-malaysian-mums-kids-born-before-2024-constitutional-amendment-to-apply-for-citizenship/169131
UNICEF. (2023). Country Office Annual Report 2023 – Malaysia.
United Nations. (1954). Convention Relating to the Status of Stateless Persons.
United Nations. (1989). Convention on the Rights of the Child.
