the right to nationality and preventing statelessness of children born to Malaysian citizens (Kenya).2 All these recommendations were noted by Malaysia.3 Malaysia’s International Obligations 5. Malaysia is a party to only three of the core human rights instruments: the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD). Many of Malaysia’s obligations as enshrined in the CEDAW, CRC and CRPD are provided for by existing domestic legislation. However, these are usually not applied in practice. 6. Malaysia has not yet acceded to other important international human rights instruments. For example, Malaysia is not a party to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture (CAT), the 1951 Convention relating to the Status of Refugees (Refugee Convention), the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness and the ILO Convention No. 169 on Indigenous and Tribal Peoples, among others. 7. The human rights instruments to which Malaysia has acceded – CEDAW, CRC and CRPD – provide for the right to a nationality and equal nationality rights between women and men. However, the State has placed reservations on relevant provisions of these instruments as follows: a. CRC: Article 2 (non-discrimination); Article 7 (name and nationality); Article 14 (freedom of thought, conscience and religion); Article 28(1)(a) (free and compulsory education at the primary level); and Article 37 (freedom from torture or other cruel, inhuman or degrading treatment or punishment and arbitrary detention). With respect to Article 28 paragraph 1 (a) of the Convention, the Government of Malaysia has declared that primary education in Malaysia is made compulsory. Malaysia has also stated that the application of the CRC at a national level is subject to its compatibility with the Federal Constitution of Malaysia (Federal Constitution).4 b. CEDAW: Article 9(2) (nationality of children); Article 16(1)(a) (right to enter into marriage); Article 16(1)(c) (rights during marriage and dissolution); Article 16(1)(f) (guardianship); Article 16(1)(g) (same personal rights between spouses); and Article 16(1)(h) (same property rights for spouses). Malaysia has also stated that the application of CEDAW in Malaysia is subject to compatibility with the Federal Constitution and Syariah (Islamic) law. 2 Report of the Working Group on the Universal Periodic Review,A/HRC/40/11, 7 January 2019, Available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/001/96/PDF/G1900196.pdf?OpenElement 3 Human Rights Council, Report of the Working Group on the Universal Periodic Review of Malaysia – Addendum, UN Doc. A/HRC/40/11/Add.1, para. 7-8. 4 Federal Constitution of Malaysia, 31 August,1957, available at http://www.refworld.org/docid/3ae6b5e40.html. 2