How does the proposed citizenship law fail to uphold gender equality?

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Proposed Citizenship Amendment Falls Short of True Gender Equality Due to Lack of Retroactivity and Exclusions

The proposed constitutional amendment intended to grant Malaysian mothers the right to confer citizenship to their overseas-born children by operation of law fails to achieve full gender equality primarily because it lacks retroactivity. This omission means that children born to Malaysian mothers who have not already filed applications will not benefit from the change. Furthermore, adult children of Malaysian mothers are excluded from this amendment, continuing to be classified as non-citizens, which contradicts the 2001 amendment to Article 8(2) of the Federal Constitution that prohibits gender-based discrimination.
Retroactivity is Crucial for Equitable Citizenship Conferral

The absence of a retroactive clause in the proposed amendment significantly undermines its intent to deliver genuine equality. Without retroactivity, Malaysian mothers who have not initiated a citizenship application for their children will find their children ineligible for citizenship under the new provisions. This oversight disproportionately affects mothers living abroad, including those who are divorced or widowed, and who may face significant barriers in resubmitting applications or travelling to Malaysia. The amendment also excludes children born abroad who are now over 21, some of whom are already residing in Malaysia. This exclusion causes continued uncertainty and distress for these families, who fear family separation and face challenges related to medical emergencies and the lack of a secure future for their children.
Exclusion of Adult Children Contradicts Non-Discrimination Principles

The exclusion of adult children born abroad to Malaysian mothers from the proposed amendment directly contradicts the spirit and letter of Article 8(2) of the Federal Constitution. This article, amended in 2001, explicitly prohibits discrimination on the basis of gender. By not extending the benefits of the amendment to adult children, the law implicitly creates a tiered system of citizenship rights based on when a child was born, rather than solely on the Malaysian parentage. This perpetuates gender inequality, as it fails to rectify past disadvantages faced by women in conferring citizenship. The Joint Action Group for Gender Equality (JAG) highlights that this exclusion contradicts Malaysia's international obligations, including those under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Regressive Amendments Threaten Broader Gender Equality Commitments

In addition to the lack of retroactivity, three other proposed amendments bundled with the citizenship changes are considered regressive and detrimental to gender equality. One such amendment seeks to alter Article 26(2) concerning Article 15(1) of the Federal Constitution, replacing the "date of the marriage" with the "date of obtaining citizenship" as a reference point. This change poses a significant risk of rendering foreign wives stateless upon the dissolution of their marriage, particularly if they were compelled to relinquish their foreign citizenship prior to obtaining Malaysian citizenship. Such a provision would unfairly penalise non-citizen wives, especially those in established marriages with children, and remove essential protections for women experiencing marital difficulties or abuse. These regressive amendments undermine Malaysia’s stated commitment to compassion and equality.
International Obligations and Statelessness Concerns

Malaysia's commitment to gender equality, as demonstrated through its participation in international forums and its submission of reports to bodies like the CEDAW, is challenged by the current proposed amendments. As a signatory to CEDAW, Malaysia is obligated to ensure gender equality in nationality laws, as stipulated in Article 9(2). The proposed amendments, particularly the regressive ones, risk setting back progress on the issue of statelessness and undermining the nation's standing on gender equality. JAG urges Malaysia to align with progressive citizenship laws and consider removing its reservations to Article 9(2) of CEDAW. Engaging in robust discussions with human rights commissions and civil society organisations is crucial to ensure that any legislative changes create an inclusive and comprehensive solution that upholds the rights of all individuals.

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How does the proposed citizenship law fail to uphold gender equality?

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