Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
Citizenship by operation of law, post Malaysia Day, is subject to the status of
their birth parents which is a clear application of the jus sanguinis principle.
This means that for those born within the Federation post Malaysia Day,
one of the parents is required to be a citizen or a permanent resident of
Malaysia at the time of their birth, in order to qualify for citizenship by
operation of law. Similarly to Article 14(1)(a), those born after Malaysia
Day outside the Federation are also subject to gender discriminatory
provisions that only allow for the father to confer citizenship.
Table 7: Citizenship by operation of law provisions in the Federal Constitution based
on whether one was born before or after Malaysia Day as well as within or outside
the Federation
Articles on
Provisions for those born
Provisions for those
citizenship by
WITHIN the Federation
born OUTSIDE the
operation of law
Those born BEFORE
Federation
1. (a) Every person
1. (d) Every person born
Malaysia Day,
who immediately
outside the Federation
based on Section 1,
before Merdeka Day,
on or after Merdeka
Part I of the Second
was a citizen of the
Day
Schedule, subject to
Federation by virtue of
whose father was a
provisions of Part III
any of the provisions
citizen at the time of
of the Constitution
of the Federation of
his birth and either
Malaya Agreement
was born in the
1948, whether by
Federation or was at
operation of law or
the time of the birth
otherwise.
in service under the
Government of the
1. (b) Every person born
within the Federation
on or after Merdeka
Day and before October
1962.
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Federation or of a
State.