What constitutional hurdles prevent stateless individuals born in Malaysia from obtaining citizenship?

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Constitutional Hurdles for Stateless Individuals Born in Malaysia Seeking Citizenship

Stateless individuals born in Malaysia face significant constitutional hurdles in their quest for citizenship, primarily stemming from the interpretation and application of citizenship provisions within the Federal Constitution. While the Constitution outlines pathways to citizenship, specific requirements related to parentage and documentation often prove insurmountable for those without a clear, verifiable lineage that aligns with established legal frameworks. Cases like those of Velmurugan, female J, and male D highlight the stringent conditions that must be met, where even being born in Malaysia and having Malaysian fathers, as evidenced by DNA tests, does not automatically guarantee citizenship due to issues with maternal documentation or the nationality of the non-Malaysian parent.
Citizenship by Operation of Law and Descent

The Malaysian Constitution, under Part III, addresses citizenship. Generally, citizenship can be acquired by operation of law, which includes birth, descent, and registration. For individuals born in Malaysia, citizenship by birth is typically governed by Article 14, read with the Second Schedule, which outlines the conditions for citizenship by operation of law. However, for cases where the parentage is not straightforward, such as a Malaysian father but a foreign mother whose nationality is unconfirmed or unknown, the application of citizenship by descent (which relies on at least one parent being a citizen at the time of birth) becomes complex. The National Registration Department (NRD) enforces these provisions, and any ambiguity or lack of conclusive proof regarding parental citizenship at the time of birth can lead to denial.
Documentation and Proof Requirements

A critical barrier for many stateless individuals, including Velmurugan, female J, and male D, is the requirement for conclusive documentation. Velmurugan's case illustrates this, where his late mother's documentation was deemed inconclusive, impacting his own claim. For female J and male D, the unknown whereabouts of their Indonesian and Filipino mothers, respectively, create an insurmountable obstacle in proving their maternal lineage and, by extension, satisfying the requirements for citizenship. The NRD mandates specific documents to verify parentage and nationality, and without these, or with documentation that is not deemed satisfactory, applications are often rejected. This places individuals in a difficult position, as obtaining such records can be impossible when parents are absent, deceased, or their origins are obscure.
International Recognition and Statelessness

The complexities are further compounded when foreign governments confirm that the individuals in question are not their citizens. In the cases of female J and male D, both Indonesia and the Philippines have stated that they are not from their respective countries. This international confirmation of their non-citizenship in their mothers' presumed countries of origin, paradoxically, does not automatically grant them Malaysian citizenship. Instead, it reinforces their stateless status, as they are unable to establish citizenship in any nation. The Malaysian legal framework, as applied by the NRD, requires adherence to its specific criteria, and the inability to meet these, even when facing international non-recognition elsewhere, leaves them in a legal limbo.

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What constitutional hurdles prevent stateless individuals born in Malaysia from obtaining citizenship?

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