Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
persons. Other regional developments include SUHAKAM renewing its
memorandum of understanding (MoU) in March 2022 with the National
Commission on Human Rights of Indonesia and the Commission on
Human Rights of the Philippines to address the issue of statelessness in
Sabah (Qistina Nadia Dzulqarnain, 2022).
3.2 Historical background of Malaysia’s nationality law
Malaysia adopts both a jus soli principle of citizenship (by birth right)
and jus sanguinis (by nationality of parents). To understand Malaysia’s
citizenship developments, we will examine how the Malaysian citizenship
history of multilevel citizenship and jus soli citizenship was shaped
by British colonialism, federalism, and the politics of communalism
(Low, 2017).
Multilevel citizenship
Prior to 1946 in pre-war Malaya, there was no concept of ‘Malayan
citizenship’ at the Federal level. Instead, there was multilevel citizenship
that depended on the legal entity and who governed the states or
colonies in Malaya (Low, 2017). State citizenship existed in the nine
Malay states whereas British nationality existed in the two British
colonies of Penang and Malacca (Carnell, 1952). During this time, the
status of immigrant Chinese born in Malaya was undetermined due to
the lack of citizenship legislation in the Malay states, as compared to
the immigrant Indians who were considered British subjects (Lau, 1989).
The British assisted the Malay States to provide a naturalisation pathway
and a British passport for foreigners living in Malay States so that they
could enjoy the rights and privileges of a natural-born subject within the
Malay States (Low, 2013).
Post-1946, the British then merged the Federated Malay States, the
Unfederated Malay States, together with Penang and Malacca to form the
Malayan Union. This union was the first attempt of territorial unification
and the creation of a national citizenship at the Federal level to unite the
different administration units and the immigrant communities. However,
it was replaced by the formation of the Federation of Malaya whereby it
still continued with multilevel nationality laws with state-level nationality
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