15. However, it must be noted that in addition to treaty obligations, as a member State of the United Nations, Malaysia is obligated by the UN Charter to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.13 These human rights and fundamental freedoms are specified in the Universal Declaration of Human Rights (UDHR), many of which are also recognised as principles of customary international law.14 16. Furthermore, as a member State of the Association of South East Asian Nations (ASEAN), Malaysia is a signatory to the 2012 ASEAN Human Rights Declaration. Although this declaration is a non-binding document, it nonetheless reflects consensus as to the importance of human rights in the region. 17. The combined effect of Malaysia’s lack of implementation of its domestic legislation that incorporates its international obligations, reservations to CEDAW, CRC and CRPD, and the lack accession to other relevant human rights instruments is of great concern in the context of gender discriminatory nationality laws and statelessness in Malaysia, as it implies that the State does not view the right to a nationality of paramount importance. Gender Discrimination in Malaysia’s Nationality Law 18. The Federal Constitution provides the primary legal framework for the acquisition, confirmation and loss of Malaysian nationality. Citizenship can be acquired by birth, registration or naturalisation. 19. The Federal Constitution contains a number of gender discriminatory provisions with respect to the ability of women and men to transfer their nationality to their children (see Part II of the Second Schedule to the Federal Constitution). That is, the Federal Constitution does not allow “legally” married mothers to transfer nationality to their children born outside Malaysia on the same basis as “legally” married fathers. Even though there are discretionary registration provisions in which parents can register the child born abroad as Malaysian citizens, children born in such situations may be stateless or at risk of statelessness if they are unable to acquire the nationality of their father. 20. Additionally, the Federal Constitution does not allow men to transfer their nationality to their children if the child is born out of a legally recognised marriage.15 This can result in statelessness where children cannot acquire nationality from their mothers. For example, where the mother is stateless; where the laws of the mother’s country of citizenship do not permit her to confer nationality in certain circumstances; or where the mother’s identity is unknown or she is undocumented. 21. Unfortunately, during its previous UPR in 2013, no State Parties made recommendations to Malaysia in relation it’s gender discriminatory nationality laws and policies and the impact these may have on individuals and families with respect to statelessness and the related enjoyment human rights. The Bajau Laut in Sabah, East Malaysia 22. In east Malaysia, there are individuals and groups who are denied the right to a nationality and may be stateless or at risk of statelessness. Of particular concern are the Bajau Laut (Sama Dilaut) who reside predominantly around the coast of Sabah. The Bajau Laut are a collective of various semi-nomadic 13 Article 55(c) of the Charter of the United Nations. According to Article 56 of the Charter, it is the obligation of all member states of the UN to take “joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55”. 14 International Law Commission, “Draft Articles on Diplomatic Protection with Commentaries”, 58th session, Yearbook of the International Law Commission, Vol. II, Part Two, 2006, p. 49. 15 (Section 17, Second Schedule, Part II 5