Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
3.1 Malaysia’s international and regional obligations on
statelessness
Malaysia has not acceded to the two key international treaties on
statelessness, the Convention Relating to the Status of Stateless
Persons 1954 (1954 Convention) and the Convention on the Reduction of
Statelessness 1961 (1961 Convention). Malaysia has also not acceded
to the Convention Relating to the Status of Refugees (1951 Convention)
and its protocol despite hosting 179,779 refugees and asylum seekers
and 111,298 stateless persons registered with the United Nations High
Commissioner for Refugees (UNHCR, 2020).The right to nationality is also
articulated in other international human rights conventions such as the
ICCPR, CRC, CEDAW, ICERD and CRPD, as shown in Table 6, demonstrating
how stateless persons are still entitled to general human rights protections
across these human rights treaties.
However, most articles related to the right to nationality among the treaties
Malaysia has acceded to have been reserved: Article 7 of the CRC; Article
9 of the CEDAW; and Article 18 of the CRPD. The reservation to these
articles means Malaysia is not legally bound to abide by these provisions
on the right to nationality. Therefore, the use of international law is very
limited on issues on statelessness and is limited to domestic law (Tamara
J. Duraisingam & Harmahinder Singh Iqbal Singh, 2020).
Malaysia must accede to the following treaties – the 1954 Convention,
1961 Convention, 1951 Convention, ICCPR, and ICERD, as well as remove
the reservations on the articles related to the right to nationality in the
CRC, CEDAW, and CRPD, in order to provide a foundation for Malaysia
to start fulfilling its obligations towards the prevention and reduction
of statelessness. The accession to these treaties upholds Malaysia’s
obligations to protect and fulfil the human rights of all stateless persons
in Malaysia, as enshrined in the fundamental liberties guaranteed in
Articles 5 to 13 under Part II of the Federal Constitution. Beyond domestic
legislation, Malaysia adopted the ASEAN Human Rights Declaration, a
regional human rights declaration which has a provision on the right to
nationality under Article 18, which states that “Every person has the right
to a nationality as prescribed by law.” Malaysia has also broadly accepted
the provisions in the Universal Declaration of Human Rights as customary
44