b. Proposed changes to Article 15(1) of the Federal Constitution on the citizenship of
foreign spouses of Malaysian men.
II.
Ensure that all children, including those who are stateless or at risk of statelessness, such as
foundlings and adopted children, are granted citizenship without any form of discrimination,
following Malaysia's constitutional provisions to prevent statelessness.
a. Guarantee the full implementation of existing protections outlined in the Federal
Constitution to ensure that every child born in Malaysia, regardless of their parents'
gender, ethnicity, documentation, or immigration status, is granted Malaysian
nationality, particularly if they would otherwise be stateless.
b. NRD must issue administrative guidelines and procedures to implement Section 19(B)
of Part II of the Second Schedule that recognises newborn foundlings as citizens of
Malaysia.
III.
Reform Malaysia’s gender-discriminatory citizenship laws and policies to ensure access to
automatic citizenship to children born to either parent Malaysian, irrespective of the gender
of the Malaysian parent, marital status of the parents and the place of birth of the child.
Specifically:
a. Amend Sections 1(b) and 1(c) of Part II of the Second Schedule of the Federal
Constitution to ensure Malaysian women have equal rights as Malaysian men to
confer automatic citizenship on their children born outside the country.
b. Reform the law with regards Section 17 of Part III of the Second Schedule of the
Federal Constitution to grant children born outside of a legally recognised marriage
the right to inherit the Malaysian father’s citizenship.
IV.
Amend Article 15(1) to ensure Malaysian women have equal rights as Malaysian men to confer
citizenship on their foreign spouses.
V.
Address the rising situation of statelessness in Malaysia through a ‘Statelessness
Determination Procedure’ to identify and prioritise access to citizenship among vulnerable
stateless adults and children.
VI.
Remove administrative barriers in acquiring birth registration and implement automatic birth
registration throughout Malaysia, including for children born to refugees and irregular
migrants, ensuring they can obtain birth certificates and legal documentation recognising it as
a crucial mechanism for safeguarding the right to a nationality and preventing statelessness.
a. Conduct awareness campaigns targeting healthcare providers, civil registration
authorities, and community leaders to emphasise the importance of birth registration
for all children, regardless of their legal status.
VII.
Enhance administrative processes to facilitate the acquisition or verification of citizenship.
a. Reduce the high application costs for claims to citizenship.
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