Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
was a compromise to include non-Malays as citizens instead of providing
unconditional jus soli which was still highly controversial amidst the rising
Malay ethnonationalism (K. J. Ratnam, 1965). Delayed jus soli meant that
the level of assimilation became the criterion (instead of birth right) for
non-Malays to acquire Malaysian citizenship (Low, 2016), which meant
only second generation of non-Malays were eligible for citizenship by
operation by law as they would have assimilated.
Unconditional jus soli was finally adopted post-Independence in 1957 so
that non-Malays, born within the Federation on or after Merdeka Day, were
able to acquire Malaysian citizenship by registration under Article 16 of the
Constitution, as shown in Figure 4. This was contingent on two factors:
first, independence from the British, which was conditional on inter-ethnic
cooperation in working towards nation building, and second, the inclusion
of special affirmative citizenship rights for the Bumiputera (i.e. Malays and
indigenous persons) to ensure a balanced socio-economic redistribution
between the Bumiputera and non-Bumiputera (Low, 2017). Therefore, even
though all persons were finally entitled to citizenship by birth right, the
presence of affirmative citizenship rights for the Bumiputera creates an
unequal starting point on citizenship rights (Verma, 2002).
Figure 4: Sample Certificate of Registration to register citizens of the Federation of
Malaya under Article 16 of the Constitution of the Federation of Malaya
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