Briefing Notes

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Malaysia's proposed amendments to citizenship provisions in its Federal Constitution

Published 17 October 2023

If passed into law, most of the recent amendments proposed by the Malaysian Government to citizenship provisions in Malaysia’s Federal Constitution will have a deleterious impact in terms of reducing the number of cases of statelessness in the country and from preventing new cases from arising. On the contrary, statelessness (particularly cases of statelessness amongst children and intergenerational statelessness) is likely to increase. Childhood statelessness can significantly stunt a child’s development: lack of citizenship typically means that children cannot access basic services, including education and healthcare, increases their exposure to harmful and exploitative practices such as trafficking or indefinite detention, and severely curtails their future employment prospects and prosperity.

Full Briefing Note

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Citizenship (Amendment) Act 2019 and International Law

Published 1 April 2021

A Legal Brief prepared by the Peter McMullin Centre on Statelessness, the Asian Law Centre, and the  Institute for International Law and the Humanities.

This legal brief considers the Citizenship (Amendment) Act 2019 (‘CAA’) and its compliance with India’s international legal obligations. India’s treaty and customary obligations are outlined, with a primary focus on the conflict between the CAA and the principles of non-discrimination and the prohibition on arbitrary deprivation of nationality.

Full Legal Brief

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Citizenship, Constitutionalism and Civil Liberties - A Briefing Note on Recent Developments in India

Published 17 July 2020
Revised 4 August 2020

Indian Citizenship and Statelessness Research Project Briefing Note prepared by the Peter McMullin Centre on Statelessness and the Asian Law Centre.

India’s Constitution commits it to democracy, equality, secularism, asymmetrical federalism and the protection of civil liberties, including freedom of speech and religious freedom. Nevertheless, each of these commitments is now under threat from authoritarian nationalism.

This note offers a brief summary of developments in India, primarily over 2019-2020, relating to (I) risks of statelessness and (II) authoritarian nationalism.

Full Briefing Note