Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
The CEDAW Committee further asserts that, “nationality is critical to full
participation in society”, under General Recommendation No. 21: Equality
in marriage and family relations (Global Campaign for Equal Nationality
Rights, 2022).
Malaysia must withdraw its reservation under Article 18 of the CRPD
because these reservations mean the CRPD is not fully implemented, with
the implication that Malaysia is unable to fulfil its obligations to protect
the rights of persons with disabilities (Ikmal Hisham Md Tah and Khairil
Azmin Mokhtar, 2016). A SUHAKAM Roundtable Discussion has also
recommended the withdrawal of this reservation on Article 18 because this
article provides for the freedom of movement guaranteed under Article 9
of the Federal Constitution (Bahagian Hal Ehwal Undang-undang Jabatan
Perdana Menteri, 2015).
Table 6: Provisions on the right to nationality across all the relevant international
treaties besides the 1954 Convention and 1961 Convention
Treaty
Article
ICCPR
Article 24
(3) Every child has the right to acquire a nationality.
ICERD
Article 5
States Parties undertake to prohibit and to eliminate racial
discrimination in all its forms… notably in the enjoyment of
the following rights … (iii) The right to nationality…
Article 1
(3) Nothing in this Convention may be interpreted as affecting
in any way the legal provisions of States Parties concerning
nationality, citizenship or naturalisation, provided that
such provisions do not discriminate against any particular
nationality.
48