Are there differences between citizenships of Malaysian men and women?

 

The question is simple. Are women and men equal or not? Of course, just asking this question anecdotally to people around me, the answer is definitely going to be, “Yes! Of course, men and women are equal!”. But, ideally, I want to ask this question scientifically and methodically to see what a majority of Malaysians actually think.

Personally, I think men and women are equal. Women can do anything men can and vice versa (although the “vice versa” could be argued!). Okay, let’s not be stupid and start arguing about the fact that men are physically stronger and blah blah blah. Great! Men are brawnier. That’s not the point here.

Women can be everything that men can be. They can be corporate leaders, national leaders, politicians, activists, lawyers, accountants, doctors, engineers, seamstresses and, like it or not, athletes too (even if men are physically stronger!). And here’s another thing that I personally believe too. Women who are Malaysians can be full Malaysians too, just like men who are Malaysians.

All the points to you if you guessed that I am pointing in the direction of how the decision of the Court of Appeal has been made that children born overseas to Malaysian women with foreign spouses do not automatically qualify to be Malaysian citizens. Of course, overseas-born children of Malaysian men who have foreign spouses automatically qualify as Malaysian citizens.

It is important to note that it isn’t impossible for these overseas-born children of Malaysian women with foreign spouses to obtain citizenship. It is definitely possible, but it is a very long and drawn-out process with all sorts of requirements, and at the end of the day, it can still go either way of being accepted or rejected. Basically, citizenship isn’t automatic.

What is the reasoning for this? Does this mean that Malaysia does not recognise the citizenship of their women as being equal to that of men? Is the citizenship status of Malaysian men superior compared to the citizenship status of women? And if this is so, what is the rationalisation for it? Is it because men are physically stronger than women, and hence their status is also superior? Quite ridiculous.

According to the news, out of the three judges involved in the ruling, only one felt that Malaysian citizenship law discriminated against Malaysian women by not allowing them to pass on citizenship to their children born overseas. I would have to say that I am more inclined towards the decision of this one particular judge. However, the courts have decided, and the effort to change this has to move on elsewhere.

For the many lawmakers in Parliament, how many of them feel that the current law is discriminatory and unfair? Not many of them have been loudly vocal about the issue. How about the cabinet and government in general? What do they think about the issue? Is there no will for this law to be changed and updated? At the very least, are we not deserving a justification for the law being the way it is?

We talk about the slogan #KeluargaMalaysia and being an inclusive society instead of an exclusive one. Then, isn’t it obvious that this law excludes Malaysian women instead of including them? With so many Malaysians feeling so passionate about the issue, isn’t it worth the relevant parties, whether the ministries, cabinet or even any member of Parliament to raise a proposal to amend the law?

To date, Malaysia has done this - amending the law - many times and progressively, I may add. One good example is the current Tobacco Generational Endgame law (Control of Tobacco Products and Smoking Bill 2022) that is going through the process of being passed. I find it incredibly progressive of the government to want to do so. Another example is the Undi18 Bill that was passed in 2019.

So, there is proof that Malaysia can be progressive. So how about it, lawmakers? Can this be something we can work on? It could be during this current administration or the next one (seeing how we seem to be fast approaching another general election).

This citizenship issue needs to be part of the election manifesto. Maybe then we can see actual scientific and methodical research being done to see what Malaysians actually do think about the equality between men and women. - Mkini

---

ZAN AZLEE is a writer, documentary filmmaker, journalist and academic. He had waited so long for a change in the system, and he is not willing to settle for a half-past-six change. And then the Sheraton Move happened. Visit fatbidin.com to view his work.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.