Let women confer nationality

THE Joint Action Group for Gender Equality (JAG) urges the government to reform Malaysia’s nationality laws, to allow equal rights for Malaysian men and women to confer nationality on their spouses and children.

Currently, there are three main provisions in Malaysia’s nationality laws that discriminate on the basis of gender.

Firstly, the Federal Constitution guarantees citizenship to children born overseas to Malaysian fathers, but is silent on children born overseas to Malaysian mothers. Consequently, many Malaysian mothers are unable to secure Malaysian citizenship for their children born overseas.

Secondly, the Federal Constitution does not allow for Malaysian fathers to confer nationality on their children who are not born within a legally recognised marriage. These children then face great difficulties enrolling in school, accessing public healthcare and finding employment later in life.

Thirdly, the Federal Constitution allows foreign spouses of Malaysian men citizenship by registration, if they fulfil several criteria, including residing in Malaysia for two years. However, foreign spouses of Malaysian women can only apply for citizenship by naturalisation, after living here for 10 years.

These discriminatory laws have a real impact on the lives of many Malaysians and their families.

These discriminatory laws are inconsistent with the spirit of the Federal Constitution, which guarantees equality and prohibits gender discrimination.

In a democracy based on rule of law, all citizens must be treated as equal before the law and, thus, be given equal right to confer nationality on their children and spouses, regardless of gender.

Hence, JAG urges the government to table amendments to nationality laws during this Parliamentary session, in tandem with other proposed amendments to the Federal Constitution.

This discriminatory nationality law also conflicts with the UN Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) and the UN Convention on the Rights of the Child, both of which Malaysia has ratified. In 2018, the UN Cedaw Committee urged the Malaysian government to “amend all provisions of the Federal Constitution that deny women equal rights with respect to the transmission of their nationality to their children and foreign spouses”.

If Malaysia does not reform its nationality laws, it will be left behind, as countries move to eliminate gender discrimination in their nationality laws. Currently, Malaysia is one of only three countries in the world that deny men equal right in conferring nationality on children who are not born within a legally recognised marriage, and one of only 25 countries that deny women the right to confer nationality on their children on an equal basis with men.

We must leave no one behind and ensure that our nationality laws uphold gender equality, in line with UN Sustainable Development Goals.

These discriminatory laws have a real impact on the lives of many Malaysians and their families.

JOINT ACTION GROUP FOR GENDER EQUALITY

Endorsed by the following JAG member organisations: Foreign Spouses Support Group, Women’s Aid Organisation, All Women’s Action Society, Association of Women Lawyers, Justice for Sisters, Perak Women for Women, Persatuan Kesedaran Komuniti Selangor, Persatuan Sahabat Wanita Selangor, Sabah Women’s Action Resource Group, Sarawak Women for Women Society, Sisters in Islam, Tenaganita, and Women Centre for Change Penang