Malaysia Passes Amendment for Citizenship Rights, Experts Urge Inclusive and Gender-Sensitive Reforms

UN experts are urging the government to amend the legislation to include retroactive provisions and eliminate discriminatory measures tied to marital status.

United Nations experts have commended Malaysia’s House of Representatives for passing a constitutional amendment that grants Malaysian women equal rights to confer citizenship on children born overseas, a move seen as a victory for gender equality. However, they expressed disappointment that the amendment is not retroactive, leaving previous cases of gender-based discrimination unresolved.

The amendment aligns with international human rights norms by ensuring children born overseas to Malaysian mothers are eligible for citizenship on par with those born to Malaysian fathers.

“International obligations require equality between women and men, including the human right to nationality,” the experts stated. “This amendment is a significant step forward but fails to address past violations, perpetuating discrimination for children born before the law takes effect.”

Concerns Over Retrogressive Provisions

UN experts also raised concerns over clauses in the amendment that could result in the revocation of citizenship for foreign-born women married to Malaysian men. Under the proposed legislation, citizenship granted to foreign-born spouses could be rescinded if the marriage ends within two years of citizenship acquisition.

“Such provisions unfairly tie women’s citizenship to the status of their marriage, potentially forcing them to remain in unsafe or undesirable relationships,” the experts said. “This contravenes the principles of equality and women’s rights.”

Additionally, the experts noted that the legislation does not address the inability of Malaysian women to confer citizenship on foreign spouses, a discrepancy that violates the principles of equality in marriage and citizenship.

Call for Comprehensive Reforms

The amendment is set to be considered by Malaysia’s Senate in December 2024 and requires royal assent to become law. UN experts are urging the government to amend the legislation to include retroactive provisions and eliminate discriminatory measures tied to marital status.

“Malaysia has an opportunity to fully align its nationality laws with international obligations,” they said. “Inclusive and gender-sensitive citizenship laws are essential to upholding commitments under conventions such as CEDAW and CRC.”

Continued Advocacy and Support

The experts reiterated their readiness to assist Malaysia in meeting its international human rights commitments and called for the implementation of recommendations issued by global mechanisms, including the UN Special Procedures.

This milestone in Malaysian legislation has sparked conversations about broader reforms to citizenship laws, with human rights advocates urging a complete overhaul to ensure fairness and equality for all citizens.