4 DECEMBER 2020

The Joint Action Group for Gender Equality (JAG) together with 37 other undersigned civil society organisations express grave concern at Deputy Home Minister YB Dato’ Sri Dr. Ismail Mohamed Said’s statement regarding the inability of Malaysian women to confer nationality onto their overseas-born child. In his explanation, the Minister cited the issue of dual-citizenship, which he linked to national security and sovereignty.

GENDER-BIAS IN THE LAW & IMPLEMENTATION

The ‘dual citizenship’ narrative in relation to Malaysian mothers giving birth overseas is flawed and biased. Contrary to the Minister’s statement that, in other countries, most children follow their fathers’ citizenship, more than 150 countries worldwide allow women–on an equal basis to men–to confer citizenship on their children. Malaysia is currently one of only 25 countries in the world that do not grant women equal rights to do so. Indeed, Article 8(2) prohibits discrimination on the grounds of gender. In light of this, Malaysian mothers who deliver their children abroad must be conferred the same rights as that of Malaysian fathers.

The ‘dual citizenship’ argument is also untenable because children born overseas to Malaysian fathers (married to non-Malaysian women), or children born in Malaysia where either parent is Malaysian (with a valid marriage registration), may very likely have inherited citizenship from both parents, thereby making them dual citizens. It is only the children born abroad to Malaysian mothers who are discriminated against and do not receive Malaysian citizenship (unless through an uncertain and cumbersome application process).

BURDENSOME ADMINISTRATIVE PROCESSES

The Minister also said that an application for Malaysian citizenship could be made under Article 15(2) of the Federal Constitution if the child has yet to be granted citizenship from the foreign father. However, the Home Ministry has not taken measures to ensure that applications under this provision are streamlined. Based on reports from mothers interviewed by the Foreign Spouses Support Group (FSSG), the process is arduous, has no
fixed time frame, and the rejections come (some after 2-3 years) with no reasons provided by the Ministry of Home Affairs, despite applicants meeting the requirements as stated. Thus, the process currently in place unfairly and disproportionately burdens Malaysian mothers who wish to confer citizenship unto their children born abroad.

In many cases where the Malaysian mother wants to return to Malaysia upon giving birth to the child, the child is forced to take on a foreign passport as they are not issued a Surat Perakuan Cemas to return with the family. This is a catch-22 situation, as the child is then considered a foreign national and authorities are less inclined to recognise the child as a Malaysian citizen.

Waiting overseas until the child is issued Malaysian citizenship under Article 15(2) leaves the child with an uncertain and extremely precarious legal status in the foreign country, with difficulty in accessing even basic services like healthcare and education. During this time, a child is left at risk of violence and is left wholly unprotected

GENDERED IMPACT ON MALAYSIAN FAMILIES

Discrimination against women in terms of citizenship puts women and children in precarious situations, especially in times of crises as seen during COVID-19. For the families living in Malaysia, their non-citizen children face unequal access to education, healthcare, economic opportunities, and social protection.

Due to their children’s non-citizen status, some Malaysian women are forced to remain in toxic or abusive marriages overseas and continue to depend on their foreign husbands for the legal status needs of their children (e.g. passport renewals). Thus, some women choose to remain in high-risk countries instead of repatriating to ensure greater legal security for the child.

We urge the Government to recognise citizenship as a right and not a privilege, and that citizenship should be granted to every child, whose either parent or adopted parent is a Malaysian, irrespective of the marital status of the parents, gender of the Malaysian parent or place of birth of the child.

The Home Ministry’s willingness to engage with NGOs and the public is a positive way forward, and we welcome any opportunity to work with the Ministry on proper measures to address the challenges faced by Malaysian women and children subjected to this ruling.

Endorsed by the following JAG member organisations:
1. All Women’s Action Society (AWAM)
2. Association of Women Lawyers (AWL)
3. Foreign Spouses Support Group (FSSG)
4. Justice for Sisters (JFS)
5. Knowledge and Rights with Young People through Safer Spaces (KRYSS)
6. Perak Women for Women (PWW)
7. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
8. Persatuan Sahabat Wanita Selangor (PSWS)
9. Sabah Women’s Action-Resource Group (SAWO)
10. Sarawak Women for Women Society (SWWS)
11. Sisters in Islam (SIS)
12. Tenaganita
13. Women’s Aid Organisation (WAO)
14. Women’s Centre for Change (WCC)

Endorsed also by the following civil society organisations :
1. Agora Society
2. Aliran
3. Amnesty International Malaysia
4. ANAK
5. Beyond Borders
6. Buku Jalanan Chow Kit
7. Childline Foundation
8. Community Action Network
9. Development of Human Resources for Rural Areas (DHRRA), Malaysia
10. Engage
11. Engender Consultancy
12. GERAK (Pergerakan Tenaga Akademik Malaysia)
13. KL and Selangor Chinese Assembly Hall Women Division
14. Lawyer Kamek for Change (LK4C) Sarawak
15. Liga Rakyat Demokratik
16. Majlis Kebajikan Kanak Kanak Malaysia
17. Make It Right Movement
18. North South Initiative
19. Our Journey
20. Persatuan Kebajikan Biji Sawi (Mustard Seed Soup Kitchen)
21. Persatuan Pendidikan Kanak-Kanak Matakana Sabah
22. Persatuan Pengasuh Berdaftar Malaysia
23. Persatuan Sains Sosial Malaysia ( PSSM)
24. Protect & Save the Children
25. PT Foundation
26. Pusat Komas
27. Sabah Reform Initiative (SARI)
28. Sahabat Alam Malaysia
29. Sarawak Dayak Iban Association-Rajang SADIA-RAJANG
30. Soroptimist Puberty Organising Toolkit
31. SPOT
32. Suaram
33. Third World Network
34. Toy Libraries Malaysia
35. Voice of Children (VOC)
36. Women Development of Malaysia
37. Yayasan Chow Kit