c. CRPD: Article 15 (freedom from torture, or cruel, inhuman or degrading treatment or punishment) and Article 18 (freedom of movement and nationality). At its previous UPR in 2018, Malaysia rejected recommendations to remove the abovementioned reservations to CEDAW.5 8. 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”.6 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.7 9. Furthermore, as a member State of the Association of Southeast 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. 10. 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 of 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. A Snapshot of Challenges Relating to The Right To Citizenship And Statelessness In Malaysia 11. Malaysia has the third largest reported stateless population in Southeast Asia, reporting 115,169 stateless persons to UNHCR in 2022.8 The UNHCR outlines that this figure comprises 103,380 stateless Rohingya in Malaysia along with 9,040 non-displaced stateless persons in West Malaysia ‘who may be entitled to Malaysian nationality under the law.’9 According to the latest statistics from a mapping exercise done by the Development of Human Resources for Rural Areas (DHRRA) Malaysia, over 16,392 stateless persons in West Malaysia were registered with them from 2016 to June 2023; an estimated 7,000 have been recognised as Malaysians while the remaining 9392 remain stateless.10 These statistics only represent the pre-independent context and childhood statelessness cases (such as foundlings/ abandoned 5 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. 6 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”. 7 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. 8 UNHCR, ‘Global Trends 2021’ (June 2022) Annex, Table 5. 9 UNHCR, ‘Global Trends 2021’ (June 2022) Annex, Table 5 fn 24. 10Lim I, ‘Counting Malaysia’s “Invisible” People: How Many Born Here Cannot Be Citizens despite Their Local Roots’ MalayMail (10 July 2023) & https://www.malaymail.com/news/malaysia/2023/07/10/counting-malaysias-invisible-peoplehow-many-born-here-cannot-be-citizens-despite-their-local-roots/78296> accessed 12 July 2023. 3