Malaysia: UN Experts Welcome Proposed Changes To Citizenship Law, Urge More Reforms To End Discrimination Against Women

GENEVA (3 December 2024): UN experts today welcomed the passing by Malaysia’s House of Representatives of a constitutional amendment Bill that will enable children born overseas to any Malaysian parent to obtain Malaysian citizenship but regretted that the amendment will not apply retroactively.

“International obligations require equality between women and men, including regarding the human right to nationality. The amendment of the law to ensure that Malaysian women have the equal right to confer automatic citizenship to their children born overseas is a significant step forward,” said the experts. “However, non-retroactive application of the proposed amendment will fail to remedy past violations and allow continued discriminatory treatment of Malaysian women who had children overseas before the proposed Constitutional amendment enters into force.”

The experts also expressed concern about other retrogressive provisions in the amendment Bill, including that it allows the revocation of Malaysian citizenship for foreign-born women married to Malaysian men, if the marriage is dissolved within two years of the wife’s attainment of Malaysian citizenship. “Such legal provisions that link women’s status to marriage may force women to stay in unsafe or undesirable marriages to retain their citizenship and are prejudicial and contrary to the promotion and protection of women’s rights.”

The experts regretted that the amendment Bill does not include provisions that would enable Malaysian women to pass citizenship to their foreign spouses. “We urge the authorities to remedy the current unequal treatment of spouses that violates the right to equality in marriage and the right to equality in citizenship,” said the experts.

The amendment Bill is expected to be considered by the Senate in December 2024 and will require royal assent. “Malaysia still has an opportunity to bring its nationality legislation fully in line with its international obligations, said the experts. “Exclusionary impacts of citizenship barriers underline the urgent need for inclusive, equitable and gender-sensitive citizenship laws and processes."

They pledged their continued readiness to support the Malaysian authorities in their efforts to uphold their commitments to international human rights norms and standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), by enshrining equal and inclusive citizenship rights in law, and to implement the recommendations issued by numerous UN human rights mechanisms, including in communications by Special Procedures. The experts are in contact with the Government on this matter.

*The experts: Laura Nyirinkindi (Chair), Claudia Flores (Vice-Chair), Dorothy Estrada Tanck, Ivana Krstić, and Haina Lu, Working group on discrimination against women and girls; Reem Alsalem Special Rapporteur on violence against women and girls, its causes and consequences; Barbara G. Reynolds (Chair), Bina D’Costa, Miriam Ekiudoko, Working Group of Experts on People of African Descent

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