LETTERS: Malaysia's commitment to the Sustainable Development Goals (SDGs) is an expression of its resolve to uphold the equality and dignity of its people.
SDGs recognise the strong nexus between development and women's rights.
Gender-equal nationality laws are thus essential to achieving SDGs.
Malaysia is among 24 countries globally and four countries in Asia that deny women the right to automatically pass their nationality to their children born overseas.
This robs women of the rights accorded to men in the same circumstances.
While overseas-born children of Malaysian men (whose wives are foreigners) are citizens by operation of law, Malaysian women are forced to apply for their overseas-born children through a delayed, arbitrary and inconsistent process where the success rate is less than one per cent and rejection is unaccompanied by any reason.
On July 25, the Home Ministry, in a written response, said out of 3,407 applications made by Malaysian women between 2018 and June 22 this year, 19 applications for children's citizenship were approved, while seven were rejected.
On the other hand, overseas-born children of Malaysian men are able to receive their citizenship certificate almost immediately, especially for those whose births are registered within one year.
In Malaysia, equality for all persons under the law is enshrined in Article 8(1) of the Constitution, whereas Article 8(2), which was added in 2001, prohibits discrimination against citizens on several grounds, one of which is "gender".
However, Malaysian women are sidelined due to the near impossible chance of obtaining citizenship for their overseas-born children.
They spend a large portion of their family lives dedicated to overcoming bureaucratic hurdles that come with the non-citizenship of their overseas-born child.
This is an ordeal Malaysian men whose children were born overseas do not have to experience.
The imbalances created merely because of the birthplace of a Malaysian woman's child undermines her equality in her family.
This presents broader implications that directly impede human and economic development and democracy, resulting in the exclusion and marginalisation of women, men and children.
The moment they deliver their children beyond Malaysian borders, their children are deprived of the same rights as children born in the country.
They are forced to make impossible choices regarding the safety and welfare their family.
Importantly, it is also a human rights issue. Malaysian women's equal right to confer her nationality on her child is her democratic right.
But Malaysia's commitment to gender equality and human rights is undermined by growing evidence that reflect that these discriminatory laws cause violations and hardships experienced by affected families who wish to live in their mother's homeland.
Malaysian mothers:
ARE vulnerable to toxic and abusive marriages, as they are dependent on their spouse for their children's citizenship documentation because the only pathway their children have to a nationality is through their spouse. (SDG 5)
"I have to rethink a divorce because the non-Malaysian status of my child is a weak point for me to get custody of my child, even though I raised my child.
"I am afraid I may be stuck in this abusive marriage and there is nothing I can do. I wish I could return to Malaysia so my child can receive the care and support of my family there."
— A Malaysian woman overseas;
EXPERIENCE anxiety, depression and insomnia from their precarious situation and conditions, be it within or outside of Malaysia. (SDG 3);
LACK autonomy and have limited choice of domicile, as they may have to give up the opportunities and protection accorded to them in Malaysia to ensure the safety and welfare of their non-citizen children. (SDGs 5 and 16);
Non-citizen overseas-born children of Malaysian women:
ARE stuck in a limbo due to the dismal approval rate for citizenship applications,and if they are unable to inherit their father's citizenship or any other citizenship as a safety net, they are at risk of statelessness. (SDGs 4, 5, 10, 16 and 17);
TYPICALLY face obstacles in accessing education, healthcare, social services, and formal employment. (SDGs 3, 4, 5, 8, 10)
"I have two special needs children who require therapy and considering they both hold a non-citizen status, I am made to pay a much higher rate than what I have to pay for my eldest child, who is Malaysian.
"The cost became increasingly unaffordable due to economic challenges during Covid-19. I had to make the hard decision to remove my younger child from therapy."
— A Malaysian mother with two special needs non-citizen children;
WHO can secure informal work are often exposed to exploitation and abuse by their employers and risk becoming victims of trafficking and abuse. (SDGs 5 and 8);
EXPERIENCE social isolation and marginalisation, and unlike their peers, cannot dream about a future in university. They also know they will be excluded from many professions. (SDG 8); and,
FACE limited access to fundamental rights resulting in many Malaysian mothers being unable to remain in the country, although by citizenship, these women are accorded rights and opportunities to participate in the workforce. (SDG 5, 8,10 and 16).
Social cohesion, sustainable development and the nation's growth will not be achievable without the eradication of gender-based discrimination and exclusion.
As the Committee on Proposed Amendments set up by the cabinet deliberates on this matter, an opportunity is presented to consider emulating the growing number of countries that have adopted steps to amend their legislation.
We call on the government to recognise the ability of our women to automatically pass on citizenship to their children born overseas, just as Malaysian men can, and to members of parliament to make amendments to the Constitution.
If we are committed to accelerating our efforts to achieve the 2030 Agenda and leave no one behind, we must end discriminating half our population, elevate the position of women and restore their rights.
MALAYSIAN CSO-SDG ALLIANCE
Kuala Lumpur