SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
Malaysia
Laws
knowledge of the Malay language.2768 While
stateless persons could be eligible for naturalized
citizenship, there is no simplified or expedited
procedure for stateless persons or refugees.
argued by the UN Secretary General that arbitrary
deprivation of nationality can include arbitrarily
preventing someone from obtaining or keeping
their nationality. This would result in Malaysia
being required to ensure the timely acquisition
of Malaysian citizenship for children who would
otherwise be stateless in its territory.2773 Malaysia
has also made a reservation on Article 9(2) of
CEDAW, which stipulates that State parties shall
grant women equal rights with men concerning
the nationality of their children.2774
Dual citizenship
Citizenship Law
Jus sanguinis and jus soli provisions
The Federal Constitution of Malaysia regulates citizenship in
Malaysia through the combination of both jus soli and jus sanguinis
structures2760. While children born in Malaysia to one citizen
parent or one parent with permanent residence gain automatic
citizenship by descent2761, children born to a foreign citizen in
Malaysia are not eligible for automatic citizenship unless they
would otherwise be stateless.2762 For children born out of wedlock,
the child may only gain citizenship by descent from the mother,
with the father’s nationality being irrelevant in this case.2763
Malaysia’s citizenship legislation does not provide a definition of
a stateless person nor does it explicitly mention statelessness.
The Federal Constitution of Malaysia regulates citizenship in Malaysia
through the combination of both jus soli and jus sanguinis structures.
Malaysia’s
citizenship
legislation
contains
genderdiscriminatory provisions. While a child born in Malaysia to one
citizen parent will gain citizenship by descent2764, a child born
outside Malaysia must be born to a citizen father in order to gain
citizenship by descent, meaning they cannot gain citizenship
through their mother even though they would if they were born
in the territory.2765
Malaysia’s citizenship legislation contains gender-discriminatory
provisions.
Malaysian citizenship legislation does not
recognize dual citizenship.2769 A Malaysian citizen
wishing to gain another country's citizenship may
renounce their Malaysian citizenship.2770 For a
foreign citizen who wishes to gain Malaysian
citizenship by naturalization, there are no
provisions stipulating the process of renunciation
of foreign citizenship.
The CRC Committee recommended in its
concluding observations in 2007 that Malaysia
ensure birth registration for those at risk of
non-registration,
including
non-Malaysian
children (especially asylum-seeking and refugee
children and children born to undocumented
parents), children of single mothers, and children
born in remote areas.2775 The Committee also
expressed concerns regarding the absence
of legal protections for refugee and asylumseeking children, particularly in relation to being
subject to detention, prosecution, imprisonment,
and deportation.2776 Further, the Committee
is concerned with the lack of access to formal
education for these children which include
“Rohingya refugee children who have lived in
Malaysia since [the] 1990s”.2777
Treaty ratification status
Malaysia has a comparatively low ratification
rate of the treaty bodies relating to statelessness.
The country has not ratified any of the relevant
treaties other than the CRC and CEDAW, to
which it made reservations on provisions relating
to statelessness. Malaysia notably has yet to
ratify the 1954 Convention relating to the Status
of Stateless Persons, the 1961 Convention on the
Reduction of Statelessness, the 1951 Refugee
Convention and its 1967 Protocol, the ICCPR,
ICESCR, and ICERD. On the CRC, Malaysia made a
reservation to Article 7, which ensures that every
birth in the territory is registered immediately as
well as protects the right of children to acquire a
nationality.2771 However, Malaysia did not make a
reservation to Article 8 of the CRC which stipulates
that, “every child has the right to preserve his or
her identity, including nationality”.2772 It has been
In 2018, the CEDAW Committee recommended in
its concluding observations that Malaysia amend
provisions of the Federal Constitution that deny
women equal rights as men to confer nationality
to their children.2778
Naturalized citizenship
Apart from obtaining citizenship by operation of law, a person
may also acquire citizenship through the naturalization
process.2766 The government may, upon application made by any
person over the age of twenty-one years who is not a citizen,
grant a certificate of naturalization to that person, subject to the
fulfilment of certain requirements.2767 In order to be eligible, one
must have been resident in Malaysia for ten of the twelve years
before application, be of good character, and have adequate
244
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
TABLE 72
Status of Accession of International Human Rights Treaties in Southeast Asia
Country
Malaysia
✅
⛔
Stateless 1
⛔
Stateless 2
⛔
Refugee
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
⛔
ICCPR
⛔
ICESCR
⛔
ICERD
⛔
CRC
✅
CEDAW
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
REPORT 2024
245
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents