retain some form of gender discrimination in their nationality laws, often
exposing women and their children to statelessness.74 The most severe
form is found in Brunei, where women have no right to pass nationality to
their children in any circumstances. However, even where such explicitly
discriminatory provisions have been abolished, gender is still very much a
factor in statelessness. Recent proposed constitutional amendments in
Malaysia seek to resolve the gender-discriminatory aspect of their laws
by granting overseas born children of Malaysian mothers the same right to
citizenship as those born to Malaysian fathers. Initial proposals to amend
the constitution to remove the entitlement of foundlings from citizenship
by operation of law to citizenship by registration (and thereby subject
to the discretion of the government) were removed after significant backlash from civil society.75 Worryingly, this suggests that even longstanding
protections against statelessness may be vulnerable to political will.
Indeed, children are another vulnerable group that may suffer disproportionately from discriminatory nationality laws. Not only are children
sometimes rendered stateless by gender discriminatory rules on citizenship, they may also be rendered stateless as some Asian countries still do
not grant automatic access to citizenship to foundlings, i.e., children who
are found or abandoned on their territory. This exposes numerous
children in the region to risks of statelessness, as highlighted in the
chapter on childhood statelessness in this volume.76 The injustice of such
laws is evident; foundlings have no way of proving their descent but the
very fact that they were found within the territory of the state should
already be sufficient evidence that they were born in the country. Laws
granting them citizenship automatically, rather than requiring them to
seek citizenship by registration or through naturalization, thereby subjecting them to significant administrative hurdles, are necessary to prevent significant injustice.
Interestingly, cross-border migration has also contributed to statelessness. Despite significant historical and present-day cross-border migra-
See more at Global Campaign for Equal Nationality Rights, ‘Asia Pacific’ <https://
equalnationalityrights.org/countries/asia-pacific> accessed 13 September 2023.
75
See Jaclyn Neo, ‘Malaysia’s Proposed Citizenship Amendments: Gender Equality Moving
Ahead but Other Challenges Surface’ (ConstitutionNet, 3 October 2023) <https://
constitutionnet.org/news/malaysias-proposed-citizenship-amendments-gender-equalitymoving-ahead> accessed 1 April 2024.
76
See also Rodziana Mohamed Razali, Safeguarding against Statelessness at Birth:
International Law and Domestic Legal Frameworks of ASEAN Members (Springer 2023).
74
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press