Joint Submission
to the Human Rights Council
at the 45th Session
of the Universal Periodic Review.
Malaysia
Introduction
1. Advocates for Non-discrimination and Access to Knowledge (ANAK), Association of Family
Support & Welfare Selangor & KL (Family Frontiers), Borneo Komrad, Buku Jalanan Chow Kit,
Yayasan Chow Kit, Development of Human Resources for Rural Areas (DHRRA) Malaysia, Elom
Initiatives (Elom), Global Campaign for Equal Nationality Rights, Institute on Statelessness and
Inclusion (ISI), Lawyers for Liberty and Nationality for All (NFA) make this joint submission to the
Universal Periodic Review (UPR), on the right to a nationality and human rights challenges
pertaining to statelessness in Malaysia.
2. This submission focuses on:
I.
II.
III.
IV.
V.
VI.
The Child’s Right to Nationality and Childhood Statelessness
The Bajau Laut in Sabah, East Malaysia
Gender Discrimination in Malaysia’s Citizenship Law
People of Indian Origin
Refugees and Irregular Migrants (and their Descendants)
Consequences of Statelessness in Malaysia
Malaysia’s Universal Periodic Review Under the Third Cycle
3. Despite the prevalence of statelessness, gender discriminatory nationality laws and related
human rights challenges in the country, Malaysia did not raise any nationality or statelessness
issues in its State Report before its previous UPR in 2018.1
4. During the 2018 UPR, Malaysia received three recommendations on ensuring gender equality
in national legislation and policies in respect of the conferral of nationality to children and/or
spouses (Belgium, Haiti, Iceland), three recommendations on withdrawing reservations, inter
alia, to article 9 CEDAW (Turkey, Sweden, Norway) and one recommendation on protecting
1
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21,
A/HRC/WG.6/31/MYS/1,
23
August
2018,
Available
at:
https://documents-ddsny.un.org/doc/UNDOC/GEN/G18/256/22/PDF/G1825622.pdf?OpenElement.
1