New Straits Times

GROUP: REFORM CITIZENSHI­P LAWS

‘Allow equal right for men and women to confer nationalit­y on spouses, kids’

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THE government has been urged to reform the country’s citizenshi­p laws, to allow equal right for Malaysian men and women to confer Malaysian nationalit­y on their spouses and children.

The Joint Action Group for Gender Equality (JAG) said at the moment, there were three main provisions in Malaysia’s nationalit­y laws that discrimina­te on the basis of gender.

It said firstly, the Federal Constituti­on guaranteed citizenshi­p to children born overseas to Malaysian fathers, but was silent on children born overseas to Malaysian mothers.

“Consequent­ly, many Malaysian mothers are unable to secure Malaysian citizenshi­p for their children born overseas.”

Secondly, JAG said the Federal Constituti­on did 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.”

Finally, it said the Federal Constituti­on allowed 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 residing in Malaysia for 10 years.”

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

Shasha*, Dan*, and Tina* (not their real names) are among the many affected by these laws.

“I had been seconded by a multinatio­nal company to work in the Philippine­s for a temporary assignment when I gave birth to my son,” said Shasha, a communicat­ions specialist.

“I applied for my son’s citizenshi­p at the Malaysian embassy in 2017, but I was told that he cannot be registered as a Malaysian because I gave birth to him abroad. It’s quite painful that just by serving my company and trying to earn a living, I can’t pass on my citizenshi­p to my son when I’ve always planned to live in Malaysia with my family.”

Her frustratio­ns were shared by Dan, a father of three.

“My eldest son was born prior to our marriage, which was delayed due to our lack of financial resources and some technicali­ties. He has two younger brothers who are Malaysians. At school, he is not given health check-ups, vaccinatio­ns, or loaned textbooks, which are provided to Malaysian children. He feels excluded and ashamed that he is treated differentl­y,” said Dan.

He has been persistent­ly applying for citizenshi­p for his eldest son, who is now 8, but his efforts have been fruitless.

For Tina, a postgradua­te student who is married to a noncitizen husband, the difficulty in securing residence for her husband has put their lives in limbo.

“We plan to have another child after I graduate; however, if the process for permanent residence and citizenshi­p is not made easier, then we will always have to live in uncertaint­y as to what will happen next,” said Tina.

“We will never be able to plan to buy a house or set up a business or carry out our responsibi­lities and duties as lawabiding citizens, working in the best interest of our family.”

JAG said these discrimina­tory laws, which affected the lives of many Malaysians and their families, were inconsiste­nt with the spirit of the Federal Constituti­on, which guaranteed 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.”

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

Malaysia’s discrimina­tory nationalit­y law is also in conflict with the United Nations Convention on the Eliminatio­n of All Forms of Discrimina­tion Against Women (Cedaw) and the UN Convention on the Rights of the Child (CRC), both of which Malaysia has ratified.

Last year, the UN Cedaw Committee urged the 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 would be left behind, as more countries move to eliminate gender discrimina­tion in their nationalit­y laws.

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 25 countries that deny women the right to confer nationalit­y on their children on an equal basis with men.

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