Morocco, Kenya and Sri Lanka, that successfully implemented retroactive
amendments on equal nationality rights.
The non-retroactive aspect of this amendment leaves many Malaysian mothers who
have been awaiting their children’s citizenship for decades now in a state of disparage,
especially impacting children without existing applications and those above the age of
18 who can no longer apply, some whose mothers have passed away. As such, the
Government must establish meaningful and timely pathways to citizenship for the
children who would be excluded, ensuring they are protected.
Other gender-discriminatory citizenship provisions also remain unaddressed by the
bill, including the inability of Malaysian women to confer nationality on their foreign
spouses on an equal basis with men, and the inability of children born out of wedlock
to Malaysian fathers to obtain Malaysian citizenship.
Nonetheless, this amendment is a significant step toward achieving greater equality in
nationality laws between men and women, bringing Malaysia closer in line with several
international human rights treaties, including Article 9(2) of the Convention on the
Elimination of All Forms of Discrimination Against Women (“CEDAW”), which obliges
States to guarantee women equal rights to confer nationality to their children.
However, for true gender equality in line with Article 9 CEDAW to apply, the outstanding
issues highlighted above need to be addressed. Ensuring comprehensive gender
equal nationality laws is critical to eradicating statelessness, and we urge the
Malaysian government to build on this important first step, and commit to eradicating
all gender discrimination in its nationality laws, policies and practices, for all people.
2. REMOVAL OF THE ABILITY OF CHILDREN BORN TO MALAYSIAN PERMANENT
RESIDENTS (“PR”) FROM GAINING AUTOMATIC CITIZENSHIP
At present, children born in the country to Malaysian Permanent Residents are able to
automatically acquire Malaysian citizenship. If enacted, this Bill would remove the
children’s ability to access automatic citizenship. They would instead be subject to a
discretionary application process. This may impact thousands of individuals with
genuine ties to Malaysia, who were born in and have lived their entire lives in the
country. This group consists of vulnerable populations including the indigenous
community of Malaysia (Orang Asli and Orang Asal), and people who moved to
Malaysia prior to its Independence in 1957 and did not obtain Malaysian citizenship
due to illiteracy and lack of awareness.
This provision would take away a crucial safeguard against statelessness and would
contribute to intergenerational statelessness—a cycle of statelessness handed down
from one generation to another—in the event a child is born to statelessness parents
with Malaysian PR status. Further, it will be the root of a future societal challenge,
depriving them of their basic rights and the ability to economically, socially and
politically participate as equal citizens of their own country. This unnecessary
regression will move Malaysian law into direct contravention of the UN Convention on
the Rights of the Child, in particular, its Articles 2 (non-discrimination), 3 (best interests
of the child), 7 (right to nationality and avoidance of statelessness) and 8 (identity).