CHAPTER 1
B. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
OVERVIEW
The Economic, Social and Cultural Rights Division (ESCRD) supports SUHAKAM
in advising the government to ensure that policies, particularly relating to
economic, social, and cultural rights, align with applicable human rights
standards. However, the spread of the COVID-19 pandemic has, to some
extent, affected the implementation of the division’s activities. Some activities
were postponed and some were revised to adapt the new norms. For this
year, ESCRD intensified its work and advocacy on business and human rights,
the follow-up to the National Inquiry into the Land Rights of Indigenous People,
statelessness, as well as human rights and poverty.
1. HUMAN RIGHTS AND STATELESSNESS
On 11 June, SUHAKAM organised an online dialogue on ‘Human Rights
and Statelessness in Malaysia’. More than 70 participants, namely lawyers,
academics, CSOs, and interested individuals. The objectives of the
dialogue were to explore the concerns of stateless persons in Malaysia.
They discussed economic, social, and cultural rights and understanding
the challenges and barriers stateless persons face in obtaining nationality
in Malaysia. They also shared best practices and challenges in policy
development on statelessness, reviewed existing laws and regulations on
statelessness and proposed relevant recommendations.
Stateless persons face many challenges in fully accessing their fundamental
rights to education, healthcare, employment, housing, social security,
freedom of movement, political participation, and voting rights that other
citizens enjoy despite being born and having lived in the country all their
lives. Some are also at high risk of becoming victims of exploitation, arrest
and arbitrary detention and deportation.
SUHAKAM observed that among the reasons for statelessness in Malaysia was
a lack of knowledge of the importance of legal documents, lack of access
to registration services, inconsistent administrative or procedural issues in
obtaining the documents, non-registration of the parents’ marriages, no
proof of birth or abandonment of the child without identification documents
and information about their background, and gaps in nationality laws.
Participants also raised concerns on the discriminatory provisions in the
Federal Constitution concerning nationality, that Malaysian women
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