April 10, 2024

Malaysia's struggle for equal citizenship rights persists

topic:	Women's rights
located:	Malaysia
editor:	Ashley Yeong

The Malaysian government's recent decision to reconsider its citizenship laws marks a significant development in a longstanding struggle for equality and justice.

Currently, Malaysia's citizenship laws show explicit gender biases. Only Malaysian men who marry non-citizens can automatically pass citizenship to their children born abroad, but Malaysian women who have their children overseas do not have the same rights. This disparity has sparked public outcry and cost many families years of agony. 

In 2020, six women and the advocacy group Family Frontiers sued the government in court and secured a ruling in favour of granting citizenship to overseas-born children of Malaysian mothers. However, the appellate court overturned this decision in 2022, preferring to keep things as usual.

Malaysia is one of 25 countries where women do not have equal rights with men to transmit nationality to their children.

Discussions on potential amendments resurfaced last month. But now, it is bundled with a regressive amendment that could perpetuate statelessness for another generation.

One particularly contentious aspect of the proposed amendment is its treatment of foundlings — abandoned infants who currently receive automatic citizenship. The amendment would remove the automatic citizenship and require the infants to apply, granting the Malaysian Ministry of Home Affairs discretionary power.

Ambiga Sreenevasan, former Malaysian Bar Council president, condemned this move as a "war" against children, highlighting its potential to strip them of their existing rights to Malaysian citizenship. 

This shift has raised concerns about the potential for increased statelessness among vulnerable populations, including adopted children and foundlings – abandoned children who have automatic citizenship. Stateless individuals or non-citizens are typically denied access to government schools and public healthcare benefits, often facing barriers to being employed.

Thankfully, under mounting public pressure, the government abandoned those plans.

Prioritising the citizenship of Malaysian-born women and their overseas-born children should not come at the expense of exacerbating statelessness.

Promoting gender equality through nationality laws ensures women's equal citizenship rights and fosters sustainable development. Establishing fair and inclusive societies that uphold equal nationality rights for both genders benefits everyone.

The struggle for equitable citizenship laws in Malaysia persists. Only with the amendment's passage to grant citizenship to overseas-born children of Malaysian mothers can the community finally find relief and feel welcome in their home country.

Image by Sasin Tipchai.

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