also interfered with the ability of the Bajau Laut people to acquire their own food, as they rely which they were prohibited from doing during the lockdown. The community further reported fear of detention and deportation if they were to children in Sabah, Iskul Sama Dilaut Omadal, worked with the community to distribute food to families in need.13 Lost Livelihoods: Due to the lack of legal status, the stateless mainly have access to informal sector employment. As a result of lockdowns, many lost their jobs and incomes. There has also been an increase in socio-economic marginalisation faced by Malaysian binational families due to general restrictions on employment of non-citizen spouses. With a recent rise in xenophobic sentiments there are greater restrictions to holding licenses to open and run businesses or access other employment opportunities. Hundreds of refugees and stateless people living in Selayang have been deprived of their only source of income as they were all workers at the local wholesale market (Pasar Borong). They are now left with no more resources to sustain basic needs such as food, healthcare and housing.14 While some Malaysians have been allowed intermittently back to work, amidst multiple strict MCOs, refugees and stateless people were not allowed to return to work in markets. Anti-immigrant rhetoric has re- Momoh.21 Despite possessing valid visas, these non-citizen spouses’ were detained, raising concerns about the liberty of those who cannot renew, extend or apply for visas, due to disruptions caused by the pandemic. STATELESSNESS AND THE RIGHT TO NATIONALITY IN MALAYSIA According to the Constitution, citizenship can be acquired by birth, registration or naturalisation.22 The Constitution prohibits gender-discrimination while containing gender discriminatory provisions which increase the risk of statelessness. The Constitution does not allow legally married Malaysian women in binational marriages to confer their citizenship on their children born outside Malaysia, on an equal basis as legally married Malaysian men in binational marriages,23 leaving them with an unequal access to Malaysian legal status, and/or putting them at risk of statelessness. The Constitution also does not allow Malaysian men to confer citizenship where a child is born outside of a legally recognised marriage.24 Even though there are a number of legal safeguards against statelessness, they are rarely strictly applied resulting in statelessness and the risk of statelessness being an ongoing issue.25 markets, construction sites and some factories. THE CESF CONSORTIUM PROJECT While there are numerous groups affected by statelessness in Malaysia who all face deprivations as a result of COVID-19, the CESF Malaysia project focuses on the impact of Malaysia’s gender discriminatory Citizenship Law. The project aims to mobilise the reform of gender-discriminatory citizenship laws, policies and practices to address both the unequal treatment of Malaysians in binational marriages (the rights of Malaysian women to confer citizenship to their spouses and their children born overseas) and inequality faced by non-citizen spouses during COVID-19. 15 Disrupted Education: Accessing education has also been impacted due to enhanced barriers for stateless and undocumented children. These challenges have been exacerbated by the shift to online and remote learning which requires access to the internet and IT equipment.16 CIVIL AND POLITICAL RIGHTS Arbitrary Detention: In May 2020, hundreds of undocumented immigrants were rounded up, arrested and detained, leading to condemnation by the UN.17 As of December 2020, Malaysia’s Ministry of Health reported at least 735 positive cases of COVID-19 in immigration detention centres nationwide. The high-risk nature of detention centres for the spread of COVID-19 was acknowledged by the Director General of Health.18 In January 2021, prison overcrowding resulted in clusters of COVID-19 within detention facilities, exacerbated by the inability to social distance, causing cases to surge.19 In October, more than 700 undocumented children were reported to be held in detention facilities, which the government did not allow UNHCR access to. Non-citizen spouses of Malaysians have also been detained, after initially being charged for non-immigration related offences; as seen in the case of the detention of a Vietnamese non-citizen spouse20 and the prolonged detention of a Nigerian spouse, Simon Adavize 34 The project initially gathered evidence on bureaucratic inconsistencies and challenges faced by Malaysians, their non-citizen spouses and children during COVID-19, especially due to the lack of access to a Malaysian legal identity among non-citizen spouses and children. Through evidence-based engagement with policymakers and strategic litigation, the project makes the case for law reform and increased awareness among policymakers. The project will build on stakeholders. Further, the project creates alternative avenues to address the increased need for support and information as a result of COVID-19. Impact The project has successfully initiated engagement with policymakers and received acknowlCommunity Development and the National Security Council. As a direct result of evidence-based engagement and constant media presence, the project has successfully lobbied for non-citizen spouses and their children to renew or apply for visas and permits without having to leave the county; non-citizen spouses and their children (including those without LTSVP) to enter Malaysia upon approval from Immigration; and the setting up of a systematic online application portal for non-citizen spouses and children of Malaysians to appeal to enter or exit Malaysia. Finally, as a direct result of these interventions, the campaign to bring home non-citizen spouses of Malaysians led to the Malaysian government allowing spouses to return, resulting in hundreds of

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