By Sam
In August 2022, in a 2 to 1 decision, Malaysia’s Court of Appeal overturned the landmark 2021 High Court ruling, that would have allowed Malaysian mothers married to foreigners to pass down their nationality to their children born overseas, on an equal basis to men.
What are the Malaysian laws on citizenship? What is the conflict?
The journey to automatic Malaysian citizenship for children born overseas with a Malaysian mother has been bumpy. Malaysia remains one of the 28 countries that prevent mothers from passing their nationality to their children on an equal basis with men. Article 15 of the Universal Declaration of Human Rights clearly protects this right, stating that “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality, nor denied the right to change his nationality.” In contrast, Malaysian laws are contradictory at times. Some contradictions can be found particularly in Malaysian citizenship laws. Although Article 8(1) and (2) of the Federal Constitution entitles all persons to equal protection under the law and states that gender discrimination shall not exist, Article 14(1)(b) of the Federal Constitution expressly provides citizenship to children born overseas in wedlock to Malaysian fathers.
Why are Malaysian citizens mad about this issue?
As quoted by Hannah Yeoh, the Deputy Minister of Women, Family, and Community Development in Malaysia on 10 August 2022, “Women pay the same tax as men, however, we receive different treatments because we are not men.”
Furthermore, Patricia Low, an impacted Malaysian mother, said, “While we respect the Court of Appeal decision, we are disappointed with the outcome, as this will impact many Malaysian women and their overseas-born children... This is a pressing matter that affects real lives...” It is difficult to hear from an impacted mother who expressed, “I can’t wait to tell my daughter that she’s Malaysian, just like her brother,” to find out 72 hours later, that the government overruled the previous decision. Moreover, the Constitution did not explain why this was not allowed. It was not just a betrayal from the government of the rights that are long overdue for Malaysian women to implement such a discriminatory process of registration, but also a regression of humankind in Malaysia. It is an unreasonable, unacceptable, and depressing story to tell future generations of Malaysia, that although it is the 21st century, women still do not enjoy as many rights as men on an equal basis.
What did Malaysian citizens do to fight for their rights?
As soon as the decision was made, the Family Frontiers, a registered society in Malaysia, filed a petition online. They urged the authorities to review this serious matter and amend the Constitution, as in Article 14(1)(b) of the Federal Constitution and its related provisions, the wording “father” clearly excludes “mother”. It is an injustice and indignity to Malaysian women to have to resort to protesting for an amendment to the Federal Constitution by Parliament, because the courts will not respect them. By now, there have been more than 46,000 signatures on the petition. At the same time, it has been commonly discussed and criticized within the Malaysian community. Relevant information and criticisms were also widely posted on several social media platforms.
What can we do?
As a non-Malaysian, you might ask, “What does it have to do with me?” “Even though I voiced my opinion, would it be heard?” or at the very least, you might think “What can I do to help?” Indeed, with one person’s strength, the voice cannot reach far. But with a group of voices, it can reach farther. This matter might not directly affect the people outside of Malaysia, but it definitely affects the evolution of humankind. Human rights should protect all human beings in the world from birth until death. By doing our part, we could help them by listening to their stories, researching, and understanding the issues, speaking up for what we care about, connecting with human rights movements, volunteering, or donating to global organizations that help support human rights around the world. At the very least, we can stand up against discrimination towards women.
In summary, discriminatory citizenship laws in Malaysia are affecting all Malaysian women. In fact, it goes beyond the country, as it is a sign of the regression of humankind. Their voices need to be heard, and more voices should be gathered. There are several ways for us to contribute to human rights issues, and it must be started by just you and me.
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