Category: Uncategorized

  • Protect Malaysian Children from Statelessness, Help Shima get her rightful citizenship

    Protect Malaysian Children from Statelessness, Help Shima get her rightful citizenship

    “Cikgu Shima!” a young girl cries for help, hobbling over on an injured foot. The girl is a stateless Bajau Laut child, who had stepped on a shell and cut herself.

    Like all the other kids, she knew to promptly come to Iskul for medical assistance, and to look for Shima.

    Shima calmly washed the wound. She medicated it and covered it up in a band aid. This has become routine for her.

    This story is just one of a hundred.

    Shima gets calls by grown-ups and children every day on Omadal. They are looking for medical help. She has a job teaching the stateless Bajau Laut children at Iskul Sama diLaut Omadal (Iskul). She also serves as coordinator. She is a Community Health Helper at Iskul’s Community Health Centre.

    Shima provides more than just first aid. She administers basic medication for fever, headache, flu, scabies, boils, diarrhea, cough, and toothache. She treats patients of all ages, including infants.

    She underwent two weeks of basic medical training at a clinic in Semporna, along with three other community members. She is now the backbone of our Community Health Center. Since July 2022, more than 536 cases have been seen there. This is out of a population of over 1000 people on Pulau Omadal.

    Shima at work and the kind of cases she treats.

    Photos: Shima at work and the cases she treats

    Shima is 18 years old this year. Being a Community Health Helper is the closest that she can get to her dream. She wants to become a doctor or a nurse. She has given up hope of ever studying further in medical school. It is a disappointment, but a fact that she, like many in her community, has had to accept.

    Despite being born to a Malaysian father, Shima has yet to be recognized as a Malaysian citizen.

    She is stateless.

    This is true no matter that her father is Malaysian. Her birth certificate lists her as a warganegara (citizen). Because of this, she was allowed to attend the primary school in Semporna. Yet, when it was time for secondary school, she could not register without an IC (identity card). She can’t obtain one.

    Her mother is undocumented, and her parents are married only a religious ceremony. In Malaysia, it is not possible to register a marriage with an undocumented or stateless person. This remains true despite how common this occurrence is in Sabah. As a result, all children born from these marriages are considered illegitimate. This is because men can’t pass on their citizenship to children born out of legal “wedlock”. Malaysia is one of only two countries in the world with such discrimination. It discriminates against men passing their citizenship to their children born out of wedlock.[1][2]

    In theory, Shima can apply for citizenship under Article 15(A) of the Constitution. Yet, to do so, she would need to update her birth certificate. If she attempted to update it, her birth certificate’s status would change to Bukan Warganegara (Not a Citizen). This change happened with her elder brother. He was then asked to apply for MyKAS or Kad Pengenalan Sementara (Temporary Identity Card). Why is the Jabatan Pendaftaran Negara (JPN) asking a child of a Malaysian father to apply for MyKAS? Why aren’t they offering citizenship instead? 

    Shima had requested to update her birth certificate with JPN in September 2022, when she was 16 years old. Now, two years later, she is still waiting for the call.

    Shima will turn 19 next year. It is unlikely her birth certificate will be updated by the end of this year. Even if it were, she would NOT be able to apply for citizenship in time. She can’t apply under 15(A) if the current proposed Citizenship Amendment is passed in parliament this October. The current Constitution allows stateless children and youth to apply for citizenship up to the age of 21. Nevertheless, the Citizenship Amendment proposes to reduce the age from 21 to 18. If that happens, Shima will miss her rightful pathway to citizenship. What would happen to her then?

    This means  she would continue living in fear of being questioned by the authorities: “Do you have any documents?”. Police commonly ask this question in Semporna whenever they see anyone who looks disheveled. She would keep living as “the other”, one of those without documents, discriminated against simply for not having proper identifications.

    She would not manage to live freely. She would not be capable of going wherever she wants. Instead, she would be confined to one place for the rest of her life. There would be no way for her to further her education or fulfill her dreams. Dreams? What dream? She would be forced to stay silent when wronged by others. It is not her fault. How can an undocumented or stateless person stand up for themselves? At best, they face the threat of being reported to the police.

    Does she dare to fall in love and start a family? No, because she does not want her future children to be stateless and suffer like her. This cycle of statelessness will persist. The government must resolve its systemic causes. It continues to aggravate the problem, like the proposed regressive amendments in the Citizenship Bill.

    It is imperative that the government addresses these key areas:

    1. Marriage Recognition: Allow the registration of marriages between Malaysians and stateless individuals. This will guarantee that children can inherit citizenship from their Malaysian fathers.
    2. Equal Rights for Fathers: Remove discriminatory laws that prevent unmarried fathers from passing citizenship to their children.
    3. Protect Citizenship Rights: Keep the current age limit of 21 for applying for citizenship under Article 15(A). This helps in avoiding further discrimination against stateless youth. Decouple the 3 regressive Citizenship Amendments. 
    4. Amend Article 14: Allow equal rights to Malaysian mothers for their children born overseas.

    There are too many Shimas in Sabah. We can’t allow these bright, incredible youths to be trapped by statelessness forever. Passing the regressive amendments in the Citizenship Bill will create more stories like Shimas’ in the process.


    [1] https://www.equalnationalityrights.org/the-problem/ ( Barbados, Malaysia)

    [2] Press Statement from The Office of the Attorney General. It declares that children born out of wedlock to Bahamian fathers and foreign mothers are citizens of the Bahamas.


    Chuah Ee Chia noticed the harm that statelessness brings. It affects children born to Malaysian fathers with undocumented or stateless persons. It also affects children from the indigenous maritime community in Sabah.

    She hopes that the Home Ministry will decouple the 3 regressive amendments from Citizenship Amendments. The government should tackle the systemic statelessness crisis in Sabah.

  • Solidarity with the Bajau Laut community

    Solidarity with the Bajau Laut community

    We stand in solidarity with the stateless Bajau Laut community. Their homes and boats on small islands in Sabah have been demolished. We are deeply concerned for the vulnerable children, women, and men left without shelter and food.

    We recognise the Bajau Laut’s long-standing presence in the Sulu and Sulawesi Seas as sea nomads. Their ancestors have roamed these waters for generations, practicing subsistence fishing, collecting sea products and contributing to the local economy.

    Historical records include those of Spenser St John and Verschuer in 1862. These records document encounters with nomadic Bajaus in the north and northeast coast of Borneo (Sabah) (i). In the 19th century, Crawfurd mentioned nomadic Bajaus visiting all parts of North Borneo, which is present-day Sabah. This includes areas around the Malawali and surrounding islands in Sabah (ii)

    The historical ties extend to the Sulu and Celebes regions. The Bajau Laut are found near offshore islands like Bum-Bum and Pulau Mabul in Sabah (iii) (iv). Notably, Dewall’s 1849 report documented seasonal movements of Bajau boats over significant distances, highlighting their mobility (iii). This aligns with earlier accounts by Captain Thomas Forrest in 1774.

    During his voyage along the eastern Borneo coast, he met a group of maritime nomads. He called them ‘Badjoo’. He described them as ‘a kind of itinerant fishermen’ living on boats. He also documented their presence in Sulawesi and Sulu, further solidifying their historical presence across the region (v).

    This situation is urgent. We plead with the authorities to set up a special task force. This task force should focus on the Bajau Laut community. This task force should tackle the following objectives:

    • Conduct a comprehensive historical study on the Bajau Laut community in the region (to give context for the situation)
    • Start talks with the Philippines and Indonesia. Develop a collaborative approach to safeguard and protect the Bajau Laut. They are the indigenous people of the Sulu and Sulawesi Seas. (This is a shared heritage between the 3 countries hence collaborative efforts are imminent)
    • Organise stakeholder consultations with the affected communities, facilitated by relevant NGOs working in the ground.(This ensures the voices of those directly impacted are heard.)

    References:

    (i) The few nomadic Bajau’s encountered by Spenser St. John and by Verschuer (St. John, 1862, v. 2, pp. 231-2, Verschuer, 1883, p. 4), in sheltered bays on the north and northeast coast of Borneo reacted to their approach with characteristic apprehension, trying to conceal themselves in the mangrove creeks, and on one occasion taking to the woods and abandoning their boats. (The Sea Nomad, Sopher, 1965 pg 116)

    (ii) During the nineteenth century, nomadic Bajaus probably visited all parts of the North Borneo coast. They likely visited these areas at one time or another. Crawfurd, for example, says that some of the boat population of Brunei consisted of “nomadic Bajau Malays” (Crawfurd, 1856, p. 69). However, the chief collecting grounds and resting places of the sea nomads were and still are the offshore islands. In 1938, Balambangan and Banggi Islands, north of Marudu Bay, were inhabited by a few sedentary Bajau or Orang Sarna fishermen, while the nomadic Bajaus were to be found chiefly around Malawali and the smaller islands to the south” (The Sea Nomad, Sopher, 1965 pg 118-119)

    (iii) “On the east coast of Borneo, nomadic Bajaus having ties with the Sulu and Celebes groups were found. They had particular connections with Makas­sar. These Bajaus were mainly in the vicinity of the small reef-fringed offshore islands. Examples include Bum-Bum and Pulau Mabul opposite Simporna in North Borneo. They were also near Bunyu at the mouths of the Sembakung and Sesayap, Pulau Panjang opposite Tanjung Batu. The small island of Buaya-Buaya is off Batu Putih. Some were at a distance out to sea, in the Maratua and Sambit clusters. In 1849, Dewall reported a seasonal move­ment of one group of Bajau boats. They traveled from the islands near Simporna to the Tanjung Batu area. This was a distance of 150 miles. In addition there was a local group making this area near the delta of the Kelai their base, sup­plying the local ruler with tripang and dried fish in return for cloth and rice (Dewall, 1855, p. 446)”.(The Sea Nomad, Sopher, 1965 pg 118-119)

    (iv)“Based on the history, the story on the Bajau people living in boats along Sabah coast (Sulu Sea) has existed since the Sulu Sultanate era.” (“Since Birth Till Death, What is Their Status: A Case Study of the Sea Bajau in Pulau Mabul, Semporna” Ismail Ali, Pg 158)

    (v) “In Borneo, early use of ‘Bajau’ appears in English in the writing of Captain Thomas Forrest, who, in 1774, sailed along the eastern Borneo coast, from Balambangan at the northern tip of present-day Sabah, to the islands east of Sulawesi. At points along the east coast of Borneo, Forrest met with groups of maritime nomads whom he called ‘Badjoo’ and described as ‘a kind of itinerant fishermen’ who ‘live chiefly in small covered boats’ (Forrest, 1780; 372). Later, he encountered additional ‘Badjoo’ in Sulawesi, and again in Sulu on a subsequent voyage from” (The Bajau Laut: Adaptation, history, and fate in a maritime fishing society of south-eastern Sabah.​ Kuala Lumpur : Oxford University Press. Clifford Sather. 1997, Pg 6)

    Kami berdiri dalam solidariti bersama komuniti Bajau Laut, yang rumah dan bot mereka di pulau-pulau kecil di Sabah telah dirobohkan dan dimusnahkan. Kami sangat prihatin terhadap kanak-kanak, wanita, dan lelaki yang rentan, yang kini tidak mempunyai tempat tinggal dan keperluan makanan.

    Kami mengakui kehadiran lama Bajau Laut di Lautan Sulu dan Sulawesi sebagai nomad laut. Nenek moyang mereka telah mengembara di perairan ini selama beberapa generasi, menjalankan aktiviti perikanan subsisten, mengumpul hasil laut dan menyumbang kepada ekonomi tempatan.

    Rekod sejarah, seperti yang didokumentasikan oleh Spenser St John dan Verschuer pada tahun 1862, mencatatkan pertemuan dengan Bajau nomad di pantai utara dan timur laut Borneo (Sabah) (i). Begitu juga, catatan abad ke-19 oleh Crawfurd menyebutkan Bajau nomad yang melawat semua bahagian Borneo Utara (Sabah masa kini), termasuk kawasan sekitar Malawali dan pulau-pulau sekitar di Sabah (ii).

    Ikatan sejarah ini meluas ke kawasan Sulu dan Celebes, dengan Bajau Laut ditemui berhampiran pulau-pulau luar pesisir seperti Pulau Bum-Bum dan Pulau Mabul di Sabah (iii) (iv). Secara khusus, laporan Dewall pada tahun 1849 mendokumentasikan pergerakan bermusim bot Bajau meliputi jarak yang jauh, menunjukkan mobiliti mereka (iii). Ini selaras dengan catatan awal oleh Kapten Thomas Forrest pada tahun 1774. Semasa pelayarannya di sepanjang pantai timur Borneo, beliau bertemu sekumpulan nomad maritim yang dipanggilnya “Badjoo,” yang digambarkan sebagai “sejenis nelayan pengembara” yang tinggal di atas bot. Beliau juga mendokumentasikan kehadiran mereka di Laut Sulawesi dan Sulu, mengukuhkan lagi kehadiran sejarah mereka di seluruh rantau ini (v).

    Berikutan situasi mendesak ini, kami merayu kepada pihak berkuasa untuk menubuhkan satu jawatankuasa khas yang memberi tumpuan kepada komuniti Bajau Laut dengan 3 objektif berikut:

    1.Melakukan kajian sejarah yang komprehensif mengenai komuniti Bajau Laut di rantau ini (untuk memberikan konteks kepada situasi ini)

    2.Memulakan perbincangan dengan Filipina dan Indonesia untuk membangunkan pendekatan kerjasama bagi melindungi dan melindungi Bajau Laut sebagai orang asli Laut Sulu dan Sulawesi. (Ini adalah warisan bersama antara 3 negara maka usaha kerjasama adalah penting)

    3.Menganjurkan rundingan dengan pihak berkepentingan dari komuniti yang terjejas, dengan bantuan NGO yang relevan yang bekerja di lapangan.(Ini memastikan suara mereka yang terjejas secara langsung didengar.)

    Rujukan:

    (i) The few nomadic Bajaus encountered by Spenser St. John and by Verschuer (St. John, 1862, v. 2, pp. 231-2, Verschuer, 1883, p. 4), in sheltered bays on the north and northeast coast of Borneo reacted to their approach with characteristic apprehension, trying to conceal themselves in the mangrove creeks, and on one occasion taking to the woods and abandoning their boats. (The Sea Nomad, Sopher, 1965 pg 116)

    (ii) “During the nineteenth century, nomadic Bajaus probably visited all parts of the North Borneo coast at one time or another. Crawfurd, for example, says that some of the boat population of Brunei consisted of “nomadic Bajau Malays” (Crawfurd, 1856, p. 69). However, the chief collecting grounds and resting places of the sea nomads were and still are the offshore islands. In 1938, Balambangan and Banggi Islands, north of Marudu Bay, were inhabited by a few sedentary Bajau or Orang Sarna fishermen, while the nomadic Bajaus were to be found chiefly around Malawali and the smaller islands to the south” (The Sea Nomad, Sopher, 1965 pg 118-119)

    (iii) “On the east coast of Borneo, nomadic Bajaus having ties with the Sulu groups as well as the Celebes groups, and particularly with Makas­sar, were found, principally in the vicinity of the small reef-fringed off­shore islands, like Bum-Bum and Pulau Mabul opposite Simporna in North Borneo, Bunyu near the mouths of the Sembakung and Sesayap, Pulau Panjang opposite the town of Tanjung Batu, the small island of Buaya-Buaya off Batu Putih, and some distance out to sea, the Maratua and Sambit clusters. In 1849, Dewall reported a seasonal move­ment of one group of Bajau boats from the islands near Simporna to the Tanjung Batu area, a distance of 150 miles. In addition there was a local group making this area near the delta of the Kelai their base, sup­plying the local ruler with tripang and dried fish in return for cloth and rice (Dewall, 1855, p. 446)”.(The Sea Nomad, Sopher, 1965 pg 118-119)

    (iv)“Based on the history, the story on the Bajau people living in boats along Sabah coast (Sulu Sea) has existed since the Sulu Sultanate era.” (“Since Birth Till Death, What is Their Status: A Case Study of the Sea Bajau in Pulau Mabul, Semporna” Ismail Ali, Pg 158)

    (v) “In Borneo, early use of ‘Bajau’ appears in English in the writing of Captain Thomas Forrest, who, in 1774, sailed along the eastern Borneo coast, from Balambangan at the northern tip of present-day Sabah, to the islands east of Sulawesi. At points along the east coast of Borneo, Forrest met with groups of maritime nomads whom he called ‘Badjoo’ and described as ‘a kind of itinerant fishermen’ who ‘live chiefly in small covered boats’ (Forrest, 1780; 372). Later, he encountered additional ‘Badjoo’ in Sulawesi, and again in Sulu on a subsequent voyage from” (The Bajau Laut: Adaptation, history, and fate in a maritime fishing society of south-eastern Sabah.​ Kuala Lumpur : Oxford University Press. Clifford Sather. 1997, Pg 6)

  • Nominated for an award by Unicef

    Several years have passed since Khairul, our co-founder was nominated for this award. His work with Iskul still makes a huge difference in the lives of the stateless children on Omadal.

    Khairul is Iskul’s co-founder and pioneer Mastal Arikik. He was one of the first to teach the younger students. This formed the basis for our educational structure at Iskul. Not many young boys want to spend their free time after school teaching others. But, he picked up the role and continues to advocate for his community till today. He conducted the first trial class at 14, and committed to teaching on weekends. 

    After SPM, he stepped up as the Field Coordinator trainee. His background and experience provides insight to the Malaysian and stateless communities of Omadal Island.

    He began training as the Field Coordinator in 2020. He is now in charge of Iskul’s meals and organising activities. He also acts as the key link with orang Kampung and external parties. Additionally, he is responsible for documenting Iskul’s activities.

    Watch the video on his nomination below!

    Fifteen-year-old Mohd Khairul Bin Atim was born in Pulau Omadal, Sabah. He spends his free time making sure that the Bajau Laut children in his village are capable of reading. He also ensures they can write.

    He is one of 10 finalists of the inaugural Tuanku Bainun Young Changemakers Awards 2015.