SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA those who may have been able to seek redress through citizenship by registration would be unable to access such redress with the passing of the proposed amendments.2806 The proposed amendments would also remove the right to citizenship for children born to two stateless parents who are permanent residents of Malaysia, which could perpetuate intergenerational statelessness for groups that have resided in Malaysia since before independence.2807 Further, foundling children would no longer have access to citizenship due to the assumption that foundlings are born to a permanent resident mother and the proposed amendments removing the eligibility for citizenship by children of permanent residents.2808 The amendment would further perpetuate childhood statelessness carrying over into adulthood due to the administrative barriers it would place on stateless children applying for citizenship by registration upon becoming an adult.2809 To add to this, if the amendments are passed, foreign women who have gained Malaysian citizenship by registration through marriage could be deprived of citizenship in the first two years of the marriage if the marriage dissolves.2810 In sum, the new amendments would decrease the right to appeal citizenship decisions in courts and increase the government’s discretionary power over Malaysian citizenship.2811 While the amendments have not yet been tabled, the Malaysian cabinet has stated that it “plans to table a bundle of constitutional amendments…”.2812 Lack of legal safeguards against childhood statelessness Abandoned children and foundlings will gain citizenship by “operation of the law”, meaning 248 SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA that the citizenship acquisition is automatic and must be upheld by the government, which if not upheld, can be appealed through the courts.2813 Malaysian law does not explicitly provide for citizenship for stateless children yet does consider citizens to be those born in Malaysia who are “not born citizens of any country” which may provide some protection.2814 Despite the inclusion of the provision which grants citizenship to any child who is born in the territory who does not gain citizenship of another country within one year of birth, the government tends not to implement them in practice due to the absence of administrative procedures for granting citizenship in this way.2815 Often children who are entitled to citizenship under this provision must seek recourse through the courts.2816 Administrative barriers A large population of persons of Indian and Chinese heritage who were born in Malaysia prior to its independence and their descendants, while entitled to citizenship under the law of Malaysia did not gain citizenship due to rural isolation, limited knowledge of its importance, and administrative barriers due to lack of documentation.2817 The mobile maritime Sama Baju (Bajau Laut) community also faces barriers to accessing citizenship due to a lack of documentation, which combined with their seminomadic lifestyle (which at times leads them to reside in neighbouring states) has led to the denial of their status as citizens.2818 Malaysia reported a 90-99% birth registration rate in 2018.2819 Birth registration may be a prerequisite for citizenship, especially for children born outside of Malaysia as registration at a consulate is required within one year in order for the child to become a citizen.2820 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Myanmar Laws Citizenship Law Jus sanguinis provisions Citizenship of Myanmar, stipulated by the Burma Citizenship Law, is defined largely upon ethnic ground, and through jus sanguinis principles, with citizenship available to those who are considered “nationals” or whose parents both are nationals.2821 Article 3 states that members of the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnic groups who have resided in Myanmar since 1823 are Burma citizens.2822 Article 4 further provides that “the Council of State may decide whether any ethnic group is national or not”.2823 Myanmar’s citizenship legislation does not include a definition of a stateless person nor does it explicitly mention or address statelessness. Citizenship of Myanmar, stipulated by the Burma Citizenship Law, is defined largely upon ethnic ground, and through jus sanguinis principles, with citizenship available to those who are considered “nationals” or whose parents both are nationals. Naturalized citizenship The citizenship legislation of Myanmar provides for two other categories of citizenship: associate citizenship and naturalized citizenship, which the government may confer on any person ‘in the interest of the State’.2824 Citizenship by naturalization is only available to those with at least one citizen parent or who can prove sufficient links to the country at the time of its independence.2825 While this may offer a way for persons outside of the designated ethnic groups to acquire citizenship in Myanmar, citizenship acquired by naturalization does not provide the same quality and security of citizenship as is granted to indigenous groups. For example, an associate or naturalized citizen’s citizenship may be stripped2826 or they may be blocked from enjoying certain rights available to citizens of the designated ethnic groups.2827 This distinction between citizens contradicts Article 21(a) of the 2008 Constitution, which states that “every citizen shall enjoy the right to equality.”2828 There is no scope in the legislation for naturalization through marriage or long-term residence.2829 Stateless persons are not eligible for naturalization in Myanmar. REPORT 2024 249