‘Will my child ever be a Malaysian?’ — Malaysian Campaign for Equal Citizenship

Of note how the impact of gender discrimination in citizenship policy has a greater impact under COVID-19:

Malaysian women currently do not have equal rights to confer citizenship on their children born overseas on an equal basis as Malaysian men. Women must utilise an application process under Article 15(2) that is fraught with delays and frequent rejections without reasons given, and sadly, no guarantee of ultimately securing citizenship.

The Malaysian Campaign for Equal Citizenship would like to highlight that the impact of discriminatory citizenship laws on women are even worse during the Covid-19 pandemic.

As the Malaysian movement control order (MCO) mandates a 14-day quarantine for anyone entering the country, this would be a challenge for pregnant women, especially those who may be travelling with their other children.

Additionally, the MCO only allows foreign spouses to enter Malaysia during the MCO provided they have a long term social visit pass (LTSVP). Hence spouses who do not hold one will not be able to accompany their wives and these mothers either have to return on their own or make the decision to give birth overseas while risking the chances of their children securing a Malaysian citizenship.

With countries’ borders closing and a limited number of flights during the Covid-19 pandemic, these women live with a tremendous dilemma.

That is, expose themselves to the health risks of traveling home (leading to the understandable quarantine) so that the child can be Malaysian; or deliver overseas, and live with the excruciating uncertainty if their child will ever be a Malaysian and then undergo the long tedious process of application.

“I was planning to give birth in Malaysia but because of the coronavirus, travels are restricted. I might not have a choice to give birth in Malaysia which is a pity for my baby as Malaysian women are not able to obtain automatic Malaysian citizenship (upon registration) for their own children, this is just getting more and more impossible.” – Malaysian woman living in Germany

Another Malaysian mother in Singapore felt it was not an ideal solution to travel to Malaysia to deliver her child as her husband could not enter Malaysia without an LTSVP, and she was not comfortable to undergo delivery by herself considering she experienced anxiety throughout her pregnancy.

She has since given birth in Singapore which cost her almost double in medical fees due to such changes in her delivery plans.

Women are often expected to accommodate their pregnancy according to existing Malaysian citizenship provisions by delivering in Malaysia for their children to be Malaysian.

Such inequality in citizenship laws discriminate against women and contribute to the unequal status of women in the family and society. Laws as such make women vulnerable, especially during times of crisis as they are left with limited choices influenced by constraints.

While the Malaysian Government has been swift in addressing the ongoing pandemic, a fair and just solution is needed to ensure that all Malaysian women enjoy equal rights and are not put in unnecessary vulnerable situations.

Therefore, we call on the Government of Malaysia and every Member of Parliament to amend Article 14 of the Federal Constitution so as to grant Malaysian women equal rights to confer citizenship on their children on an equal basis as Malaysian men.

In addressing the urgent needs of the Covid-19 situation on pregnant Malaysian women overseas, we urge the Government of Malaysia, specifically the Ministry of Home Affairs and Immigration Department of Malaysia to especially grant citizenship to children born overseas to Malaysians during the Covid-19 situation as a temporary measure until full equality is enshrined in Malaysian citizenship laws.

Source: ‘Will my child ever be a Malaysian?’ — Malaysian Campaign for Equal Citizenship

Unequal citizenship rights for women and equality in law — Malaysian Campaign for Equal Citizenship

Of interest:

The Campaign for Equal Citizenship led by the Foreign Spouses Support Group welcomes the recent announcement by Tan Sri Muhyiddin Yassin and the Ministry of Home Affairs to draw up a new standard operating procedure (SOP) for citizenship applications. This would presumably ensure that citizenship applications are considered more fairly and promptly.

However, this is inadequate for the thousands of Malaysian mothers who wish to confer citizenship to their children born overseas. The government must fix the law, so that Malaysian women enjoy equal citizenship rights compared to Malaysian men.

Of course, a Malaysian mother married to a foreign man who gives birth in Malaysia can confer citizenship to their children but the discrimination is stark when these mothers for various valid reasons give birth overseas.

Reasons for giving birth overseas range from holding overseas jobs, unable to afford flights, premature births or risking medical complications. There are also many reasons such as aging parents, why women choose to return to Malaysia with their families and have their children grow up here as citizens.

Whilst a Malaysian father can simply notify and register at the nearest embassy of the country where his foreign wife has given birth, whereupon Malaysian citizenship papers will be issued within a time period from 3 days two months, however the Malaysian mother has to apply for citizenship for her children

Based on experiences of these Malaysian mothers, they are often misinformed by authorities abroad and at home, given inconsistent information and experience inconsistent practices. While there have been success stories, we are looking at an average waiting time of one to seven years or more to get an approval, often after multiple rejections and re-applications. Allegedly rejections are part of the SOPS to test to see if these Malaysian mothers are truly sincere and loyal to Malaysia a test not accorded to Malaysian fathers.

So, while developing a new SOP may be a temporary solution, there is a dire need for a permanent solution.

To do so, we must address first the root of the discrimination. In principle, Malaysia does not recognise mothers as equal parents by law, as the Federal Constitution expressly provides that children born overseas to married Malaysian fathers are entitled to citizenship by operation of law (Article 14(1)(b) but is silent on children born overseas to Malaysian mothers.  Consequently, the process for registering children born overseas as Malaysian citizens is far more arduous for Malaysian women making them feel like second-class citizens.

This law is deeply rooted in patriarchy which allows for sexist attitudes that influence the applications processes. These women are expected to follow the husband’s citizenship, live overseas and not enjoy the option for their children to choose their nationality. Not to be labour a point, the children born overseas to Malaysian fathers enjoy this choice.

Malaysia is currently one of only twenty-five countries globally, and one of four countries in the Asia Pacific region, which has discriminatory citizenship laws.

Amend Schedule II of Federal Constitution to explicitly allow both men and women to confer citizenship on their children born outside of Malaysia through the same process. and make it equal and right for Malaysian women, we make up half of Malaysia and we count.

Source: Unequal citizenship rights for women and equality in law — Malaysian Campaign for Equal Citizenship