The Future of Citizenship Law in Malaysia

Abstract?

The aim of this paper is to assess the feasibility and ease of applying for Malaysian citizenship in the future for Malaysian women with children, as well as refugees who seek protection under this country. We also discuss how the United States, Indonesia and Singapore manage their citizenship law. Hence in this paper we would like to emphasize various ways on how we can make changes, especially in this modern era.?

Problem statement

Citizenship in Malaysia

According to Verma (2002) the political and civil rights in Malaysia, “have been associated with and developed by the constitution and became identified with state power”. The Malaysian concept of citizenship is very particular. It differentiates between citizenship and nationality and provides a nonegalitarian understanding of citizenship. Even though citizenship and nationality both signify to ‘the legal quality of state membership’, citizenship indicates the mode of participation while nationality is described by cultural characteristics. The theory of state membership existed before national membership was created at the federal level back in 1946.

In Malaysia, our citizenship was shaped by the British colonialism, federalism as well as ethnic nationalism. The patrilineal element of ius sanguinis (right of blood) operating in our country was modelled on the British Nationality Act. Whereby under this system, any children born overseas to a Malaysian mothers will be denied citizenship; meanwhile male spouses were subject to stricter criteria in the acquisition of citizenship compared to female spouses. This patriarchal system remained in the Malaysian constitution until today. The British colonial legacy is clearly being applied in the current citizenship context in Malaysia.

Pre-war Malaya, it consists of three different administrative units which are; Straits Settlement, Federated Malay States and Unfederated Malay States. In 1858, the Straits Settlements became part of the Crown’s Dominions and consequently, the nationality status of the population was determined by the British nationality law. In the Straits settlement, as British subjects the naturalisation was determined by the? Naturalisation Act 1867. However, in between 1874 to 1919 when the nine Malay states came under British protection through various treaties (such as treaties of Pangkor) and became ‘British Protected States’. Meanwhile in 1904, the same Naturalization Enactment was introduced in the Federated Malay States, allowing non-natives to naturalise as subjects of the Malay Ruler, hence entitling them to become ‘British Protected Person’. In the Unfederated Malay States on the other hand, there was no naturalization enactment introduced.?

In the case of Madhuvita Janjara Augustin (Suing Through Next Friend, Margaret Louisa Tan) V Augustin Lourdsamy & Ors [2018] 1 MLJ 307, whereby the appellant was born in 2005 in Malaysia to a Papua New Guinea’s mother while her father is a Malaysian citizen,? however, they were not married during the appellant’s birth. The appellant’s parents were not aware that the appellant’s birth was not registered until they wanted to enrol the appellant at a local school which requires a birth certificate. The appellant’s birth was then registered in 2011. According to the details entered in the birth certificate issued by the third respondent, the appellant was not a Malaysian citizen. The first respondent however, applied for citizenship under art 15A of the Federal Constitution but the application was fruitless. The issue before the High Court was whether the appellant may be granted citizenship by operation of law pursuant to art 14(1)(b) of the Federal Constitution.? The High Court held that, despite the appellant fulfilling the first condition in that she is born in the Federation, she did not meet the second condition which required at least one of her parents to be, at the time of her birth, a Malaysian citizen or was ordinarily resident in the Federation, and the second condition was not met due to both of her parents were not legally married during her birth.?

One of the recent issues in Malaysia is when 6 mothers filed a lawsuit against the government of Malaysia, to seek a declaration that Malaysian women married to a non Malaysian citizen have the right under the Federal Constitution for their overseas-born children to have the right to be Malaysian citizens. They also seek a declaration that the children of these mothers shall be granted the right to citizenship and seek the court to order the government to issue citizenship documents, identification cards as well as passports to the children born outside of Malaysia whose mothers are a Malaysian citizens.?

On May 6th 2021, the High Court judge dismissed the government’s application to strike out the lawsuit despite the government stating that the issue is frivolous and troublesome. Hence, due to the decision given, the government have to file an affidavit in reply providing the justification for the discrimination due to according to the judge, there is an apparent discrimination against the mother and father of the child, but there does not seem to be any clear justification for such a discrimination and the non-justification becomes even more obvious if we look at other provisions in the same Article in the matter of citizenship.

Prescriptions?

The concept of citizenship in the United States

The philosophy of citizenship in the United States is simply how citizenship or nationality? is usually extended to the individual whether via birth in the U.S. (jus soli, soil right), by birth outside the U.S. to an American relative (jus sanguinis, blood right) or by immigration to the United States accompanied by naturalisation.? Moreover, this helps clarify how dual citizenship is implemented within the framework of the United States.

The citizens of the United States are “Americans”. Although the majority of Americans are citizens and nationals, many dual citizens, expatriates and permanent residents can also legally claim US citizenship. People of many ethnic origins can be found in the United States. As a consequence, American culture and law do not signify citizenship as race or ethnicity, but true citizenship and a standing oath.?

First and foremost, we must comprehend how the citizenship process in the United States operates. The United States is a federal constitutional democratic republic in which the president, who is head of state and government, Congress, and the judiciary share powers normally reserved for the national government, and the federal government shares authority with state governments. Hence, The Constitution of the United States is the most supreme law in the nation.?

Citizenship is specified in the first clause of the first section of the Fourteenth Amendment, according to this constitution:?

All persons born or naturalized in the United States and subject to its jurisdiction are citizens of both the United States and the state in which they live. No State shall create or enforce any law that abridges the rights or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor shall any State deny equal protection of the laws to any person within its jurisdiction.?

For a simplified understanding, the United States definition of citizenship is when it comes to a legal status involving Americans in the United States who have specific rights, responsibilities and benefits. It is the basis for basic rights derived from and safeguarded by the United States constitution and legislation including freedom of speech, due process, voting rights, living and working in the United States and to obtain federal assistance.

Citizenship refers to the attitudes including a devotion to the United States and an oath to uphold and protect the United States' constitution. Certain human rights are guaranteed to all individuals, not only residents.

The sources of citizenship in the United States would be by birthright citizenship and citizenship by naturalization. Birthright citizenship or birthright nationality, is where a person is assumed to be a citizen if he or she has been born within United States territorial boundaries, or is born abroad to a United States’s citizen parent subject to certain other requirements. However, citizenship by naturalization in the United States is a phase in which a qualified legal immigrant applies for citizenship and is accepted through the concept of? naturalization. As stated primarily, the Citizenship clause of the Fourteenth Amendment to the United States Constitution specifies all ways to become citizens.?

To elaborate on the citizenship aspect, there are three factors that must be obtained in order to acquire national citizenship in the United States.? We would need to understand that the concept of naturalization might differ in some countries. Most states would? generally grant citizenship to persons who have lawfully entered or received political asylum and who have also lived there for a given period of time. Naturalization in certain countries is subject to requirements such as passing an examination showing fair knowledge of the host country's language or way of life, good behavior and moral character, vowing allegiance to their new state or its monarch, and renouncing prior citizenship. Some countries allow dual citizenship and do not require the formal abandonment of naturalized citizens.?

Therefore, multiple or dual citizenship is actually permitted in the United States by law. For example, citizens of other countries naturalized as U.S citizens can retain their former nationality even if they must give up their loyalty to the other country. A citizen of the United States shall maintain U.S citizenship if it is permitted under the laws of that country when he becomes a citizen of another country. U.S citizenship can be rejected by formal proceedings in the U.S. Embassy by Americans who also hold another citizenship.??

To elaborate, the legislation of the United States neither appeals to dual nationality nor requires an individual to choose a one or another nationality. In a foreign state,? a U.S citizen can naturalize without risking U.S. citizenship. Persons acquiring foreign nationality after 18 years of age may, however, surrender their U.S. nationality if they so wish. To renounce U.S. nationality as a citizen of a foreign state by way of naturalization, the law requires that an individual voluntarily apply for foreign nationality and in order to renounce the U.S. nationality. However, the individual must show his intention by his or her conduct and statements.?

When a person has dual citizenship, especially when he/she both is a citizen of the United States and the foreign country, they must owe both dual nationals allegiance. This can be said that the laws of both countries must be respected, and each country has the right to implement its legislation. The issues with dual nationality should be acknowledged. Dual-nationals or citizenship from other countries also put their claims on US citizens in circumstances where their responsibilities towards one country run counter to other's rules. Moreover, the dual nationality of the United States Government can disrupt its efforts to protect the United States consular when it is abroad, particularly when it comes to its second nationality.?

However, the citizens of the U.S. including those who have dual citizenship, may enter and exit the United States, with a U.S Passport. Furthemore, dual nationals can also have to use their passport to enter and exit the country through a foreign country. It is not contrary to U.S. law to use international passports to or from a country other than the United States.?

Mechanic and justifications?

Equality in the eyes of the law?

Human rights protections are built on the principles of equality before the law and equal treatment under the law without discrimination. As a result, the crux of human rights law is to provide legal protection to any human being on the planet. Human rights are mainly used to affirm that all individuals, simply by virtue of being human, have rights that no government or society can refuse. The term “Human Rights” is no longer relatively new, since it has come into everyday usage since World War 2 and now we are in the 21st century that is going fast with globalisation and modernization. In Article 3 of the Universal Declaration of Human Rights 1948 (UDHR) stated that every human being is equal for their rights and dignity shall be protected. Even UDHR is not legally bound because rather than a treaty, where it is simply a list of human rights which state members ‘pledge’ to, it still gave a considerable impact in shaping subsequent treaties on human rights.

However, despite being in the 21st century, experts believe that the laws related to women in certain countries are still not evolved and mired to the past. From societal discrimation to cultural oppression, adult and young women have been treated lesser than other beings in any part of the world. Hence, in paper, we are going to focus on the expression of “gender” in Article 8 of the Federal Constitution and gender based discrimination in Article 14 and 15 of Federal Constitution.

Article 8 is the provision provided exclusively for equality in the Federal Constitution. This provision provides that all persons are equal before the law and entitled to its equal protection. Equality before the law simply means that it is guaranteed by the constitution to all persons including non-citizens, although it is not absolute but merely subject to qualifications set out in the constitution. In Section 8(2) established that there shall no discrimination against people of the land regardless of their religion, races,descent place of birth or gender in any law or in the appointment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.? Hence, Article 8(2) inter alia include there shall no discrimination on the basis of gender in order to provides equality despite of individual’s differences.

The Convention on the Elimination of All forms of Discrimination against Women (CEDAW) is one of the international human rights treaty that is exclusively devote to gender equality. Despite being part of CEDAW, Malaysian issues on women barely bring into the light. Either it is because of the practice of patriarchy in this country or it is the social construct on how society views women as less than the opposite gender. Based on the principle of equality, we shall eliminate any form of discrimation against women and their right and dignity must be protected. Moreover, not just the society and gender norms, the law itself has discriminated and differentiated women to men in so many aspects in living daily life as an individual of a country and one of it is inheritance of nationality to their children. The nationality law can be described as gender basis discrimination where if those provisions are followed, the law can deny a wife's nationality to her husband or a husband's nationality to his wife. When parents of separate nationalities, laws will bestow the father's nationality on a child thus denying the child her mother's nationality. This law has discriminated against women from passing down their nationality to their children that will cause so many difficulties as nationality is part of an individual's identity.??

Article 14 of the Federal Constitution discussed citizenship by the operation law while Article 15 explained allows a foreign woman whose husband is a Malaysian citizen to be a registered citizen of the country, after making an application to the Home Ministry. However, the process is not the same for Malaysian women married to foreigners. The Malaysian woman's foreign spouse's eligibility for citizenship is not even stated in the country's highest law. This law shows the lack of recognition of Malaysian women and has denied the sovereign right of them as people under the protection of law. The article on Malaysian? citizenship did not follow the flow of the time and is outdated and denies so many rights of the people, especially in this clause has directly discriminated on the gender basis.?

Evaluation of mechanic

The position of refugees and stateless children in Malaysia in owning a citizenship?

Malaysia is one of the countries that allows refugees from Palestine, Iraq and Rohingya to seek asylum in our country. However, Malaysia has failed to implement any laws or policies when it comes to safeguarding the rights of refugee and asylum seekers, especially women in Malaysia. Our country has not signed the 1951 Refugee Convention or its 1967 Protocol and does not have a legislative or administrative framework to protect refugees and asylum seekers within its jurisdiction.?

Thus, this makes refugees and asylum seekers vulnerable to arrest, detention and refoulement. It also leaves the refugees without enough access to justice, lawful employment, healthcare and education. Studies of legal status differentiation focused on four basic, which are: undocumented residents, temporary residents, permanent residents, and citizen residents. Meanwhile undocumented and temporary status was marked by legal precarity, permanent residence and citizenship were related with ‘security of presence (Rajkumar et al. 2012).

In this paper we would like to emphasise on the position and fate of Rohingya refugees in the country as they receive a lot of backlashes and threats not only from the government but also from the public.??

Originating from Myanmar, thousands of Rohingya have fled from their home country in search of security and safety. Being stateless, discriminated against and persecuted, the Rohingya are currently one of the most vulnerable communities. As of now, 800,000 Rohingya inside the country have been rendered stateless. Rohingya refugees in Malaysia do not live in camps, however if there are raids by the immigration they will be arrested. Commonly they live within the local community, as invisible as they could and live in cramped low-cost flats in the city where they could find odd jobs such as in the restaurants and factories. Malaysians themselves are not aware of these refugees and often mistake them for illegal immigrants.?

Apart from that, when it comes to education and healthcare, the Rohingya refugees who have been living in Malaysia for over 20 years still do not have proper access to it. This implies a generation without formal education. Many adult Rohingya refugees are illiterate, with some proficient to read and write Jawi and after years of living in Malaysia, the Malay language. The Rohingya refugee children attend learning centers operated by the community and faith-based organizations with the help of UNHCR. For the Rohingya refugee community, the aim of education is for their children to succeed and have a far better life than theirs.

There has been a marked increase in violent attacks against refugees and asylum seekers in recent years. Today, refugees in some countries, where such phenomena have reached a large proportion live in constant fear of physical assault and threats to their lives and their right to live and security has been taken away from them. Not just has to be away from their homeland by force, but their liberty and be at peace has been robbed from them too. In their vulnerable position, they often become the target of racist hatred.?

For instance, during this pandemic since the government allows Malaysian muslims to perform prayers in the mosque, Malaysia has seen a wave of online hate speech towards migrants and refugees, and particularly Rohingya, since late April 2021, accompanied by government announcements and policies hostile towards migrants and refugees. There’s even a sign stating that “we are not welcoming Rohingyas” in front of the mosque. This is a clear discrimination towards refugee, our religion teaching does not teach us who is worthy to pray in the mosque based on their status in the society.

Meanwhile on social medias, Malaysian are openly expressing their hatred towards refugee especially when the boat carrying Rohingyas drowned in the middle of the sea because our government refuse to allow them to enter by saying “good for them, we don’t need more of them here”, “go to other country, why would they want to enter this country?”. This shows that us Malaysian lack empathy and are heartless by cheering on these people’s death.

Effects of Transnational Marriage and Citizenship in Malaysia

When a non-Malaysian citizen marries a Malaysian citizen, he or she faces many issues and challenges.?

Non-citizen spouses of Malaysian citizens both male and female, are allowed to stay in the country on the Long Term Social Visit Pass, which limits their ability to work. In addition, their applications for Permanent Residency (PR) are often postponed, often for decades.?

Non-citizen spouses and their children face a variety of difficulties and live in insecure circumstances, reliant on their spouses for years, if not decades, for their right to residency, survival, and economic and social rights. Despite living in Malaysia for years and caring for and providing for their Malaysian children and relatives, they face numerous obstacles to residence, jobs, healthcare, and property ownership, among other daily challenges, they are treated and regulated by laws that apply to foreigners.?

First and foremost, the right to residence. The Long Term Social Visit Pass allows non-citizen spouses to stay in Malaysia for up to five years. The length of this visa will range from one month to three months. The process of renewing a visa is time consuming, and the length of time a visa is valid is arbitrary and ostensibly at the discretion of the Immigration Department officer on duty. According to anecdotal evidence, non-citizen husbands wait longer for the results of their citizenship application than non-citizen wives. The long procedures, rejections, copious paperwork, and bureaucratic delays abound on the path to Permanent Residence, creating confusion and difficulty for non-citizen spouses, especially in the event of domestic abuse, divorce, or death of a spouse.?

This is a significant problem for Malaysians married to foreign spouses; it puts a strain on the marriage and is not in the best interests of the children and family.

Secondly, the right to work. The endorsement to work for non-citizen wives is contingent on the Malaysian husband writing a letter granting his non-citizen wife permission to work.?

This type of letter of permission discriminates against women, strengthens their dependence on their husbands, and perpetuates the idea that women are their husbands' property with little autonomy.

?Thirdly,? non-citizen partners face other types of discrimination in terms of economic and financial privileges, such as the freedom to control their own finances. And unemployed partners and housewives are unable to open their own bank accounts.

Fourthly, foreign spouses are charged twice as much for public healthcare and are even charged twice as much to deliver Malaysian babies.?

Last but not least, is the gender biased laws and policy. If the marriage is still going strong and she has lived in Malaysia for two years (with permanent resident status) and is of good character (Federal Constitution, Article 15(1)), she will register for Malaysian citizenship. This choice does not appear to be open to non-citizen women spouses since securing permanent residence status is hampered by delays.? Male non-citizen partners, on the other hand, do not benefit from marriage to Malaysian citizens; they must apply for citizenship by naturalization like any other non-citizen, which requires 10 years of residency (with permanent residence status).? A Malaysian citizen's husband is expected to have proof of employment or a sponsor who earns at least RM 2000 per month, a direct discrimination against Malaysian women; however, there is no equivalent provision for Malaysian men sponsoring their foreign wives.? There is also no provision in the law or policy that allows couples with one foreign partner who have been together for a long time but do not want to marry to live together in the country.

Adding Mother's Inheritance to Citizenship of a Malaysian

Malaysia is a country that has seen great success in the eyes of the world especially after our independence. From our independence we successfully came out with a set of rules to govern our country which is known as the Federal Constitution. The Federal Constitution has laid out everything about citizenship and this can be seen under Articles 14-22. It states how a person is entitled to the Malaysian citizenship. From the cases that we have gathered, most of the children that do not have citizenship or are stateless because of the gender bias that still exists in the Federal Constitution.?

This is due to Malaysia being influenced by the British’s constitution that strongly uses the patrilineal system, in which a Malaysian male who marries a non-Malaysian woman can still pass his citizenship to his children as opposed to a Malaysian woman who marries a non-Malaysian man. This has caused some problems especially in this time and age where equality is being strongly advocated between males and females.?

Under Article 15 of the Federal Constitution, the Article speaks about Citizenship by registration (wives and children of citizens). From the Article itself we can see that there is a gender bias. It only states the wives and children meaning that women do not have the privilege to give their children direct citizenship. This is clearly discriminatory against women, however, it is not only in Malaysia. Apparently there are over 25 countries that discriminate against women in their ability to confer nationality on their children. Some of the countries include, Bahamas, Bahrain, Barbados, Brunei and Malaysia.

This is a serious problem that we need to actually address so that problems do not arise again for the next generation. Malaysian women must apply for their children’s citizenship, in which they often have to wait for years and they might even face the risk of getting rejected after countless years of waiting, but ultimately ending in the women’s children unable to attain citizenship without any concrete justification. Since the pandemic started in late 2019, there have been a lot of challenges for mothers that had their children overseas. One of the challenges include that the children born overseas might not be able to acquire Malaysian citizenship if the child’s foreign father is not there during the registration. This has left a lot of mothers in a dilemma since there has been a travel ban worldwide in a worldwide attempt to contain the virus. This has made matters worse for the children since they do not have the same privilege as a Malaysian citizen making it harder for them to carry out their daily lives.

To curb this often overlooked issue, we can add mother’s inheritance such as having the children inherit their Malaysian mother’s citizenship even though their mother is married to a non-Malaysian man. Amendments especially under Article 15 of the Federal Constitution to include mothers so that both men and women have the same rights.This can curb a lot of problems especially for children who are born to a foreign father and Malaysian mother.. It does not make any sense that a child that has lived their whole lives in Malaysia but still cannot obtain citizenship just because their mother is married to a foreigner. For a better Malaysia, it is better to give equal rights to both men and women.?

Policy recommendations

The United States Context ?

We know how the citizenship theory is applied in the United States, as mentioned in the prior prescription. However, in order for Malaysia to be able to learn from or be inspired by the United States, we must first comprehend what naturalization for immigrants and refugees implies in the United States, and whether the principles can be applied to Malaysia's potential future.?

As mentioned in the above prescription, anyone who becomes a naturalized U.S. citizen shall renounce all previous 'allegiance' to other countries at the ceremony of naturalization, although this waiver of the loyalty is usually not considered a waiver of nationality of those countries. The US Department of State confirms on its website that a resident of the United States has dual citizenship: "A citizen of the United States can naturalize in a foreign country without risk to the nationality of the United States”.?

When entering or leaving the United States, US citizens are required by federal law to identify themselves with a US passport, not any other international passport. In the case of Afroyim v. Rusk, 387, U.S. 253 (1967),? the Supreme Court stated that if the citizen does not want to lose US citizenship, the citizen does not lose his or her nationality by voting in an election in a foreign country or by obtaining a foreign nationality. United States nationals with dual citizenship do not forfeit their US citizenship until they formally renounce it. Beys Afroyim, a man born in Poland, had his citizenship revoked by the US government after he voted in an Israeli election after becoming a naturalized US citizen. The Supreme Court ruled that Afroyim's right to maintain his citizenship was secured by the Fourteenth Amendment's Citizenship Clause. In doing so, the Court overturned a federal statute that mandated loss of U.S. citizenship for voting in a foreign election, overturning one of its own precedents, Perez v. Brownell (1958), which had upheld loss of citizenship in similar situations less than a decade earlier. The Afroyim decision paved the way for dual (or multiple) citizenship to be accepted more widely in US law.??

Next, in order for Malaysia to apply the same rule of naturalization for immigrants as the United States, we must first consider the different categories of immigrants in Malaysia.?

The process of people migrating to Malaysia to live there is known as Malaysian immigration. The vast majority of these people become citizens of Malaysia. Domestic immigration law and policy saw significant changes after 1957, most notably with the Immigration Act 1959/63. Malaysia's immigration policies are also undergoing changes.?

In Malaysia there are four types of immigrants, which are? families (closed-connected Malaysian citizens residing in Malaysia), economical immigrants (qualified and skilled workers), others (humanitarian and compassionate people who are admitted as immigrants), and refugees (people who are escaping persecution, torture or cruel and unusual punishment).?

As a result, for the time being, an individual can become a Malaysian citizen either through registration or naturalization. Furthermore, anyone with Malaysian citizenship is prohibited from holding citizenship in any other country. Malaysia, unlike the United States, does not accept dual citizenship. Most likely, if? the Federal Government discovers that you have acquired citizenship of another country outside the Federation, it may deprive you of your Malaysian citizenship by order under Article 24 of the Federal Constitution. Therefore, If this measure is taken, as it is in the United States, it is possible that applying for citizenship would become easier for those who need it, such as women and children from transnational marriages, refugees, and others.??

Transnational Marriage and Citizenship Context?

Is Malaysia's form of gaining citizenship when a non-citizen marries a Malaysian the same as the United States??

First of all, let us understand in the transnational marriage context of obtaining citizenship after marriage to a U.S citizen. If a person marries a citizen of the United States, she or he may not be qualified for citizenship right away. However, they could be eligible for a green card in the United States, which may lead to citizenship.? The green card’s form must be followed by legal proof of the marriage, such as a marriage certificate, as well as proof that the marriage is genuine and not just a ruse to get you a green card. ? Therefore? the spouse is fortunate to be married to a U.S. citizen. The spouse doesn't have to wait five years after receiving your green card to apply for citizenship via the naturalization process. However, they will apply for citizenship three years after receiving a green card if you remain married to and live with your U.S. citizen spouse the whole time.

However, in Malaysia, the rules of applying citizenship in terms of patrilineal might be different and outdated. There are a lot of issues and challenges of non citizen spouses in Malaysia.?

As previously mentioned in the mechanic, the issue of a non-citizen gaining citizenship by marrying a Malaysian is clearly outdated in Malaysia. As a result, if Malaysia follows the naturalization process in terms of transnational marriage, it may be easier for the married couple to obtain citizenship because the process is fast, adaptable, suitable, and recognizable, such as the green card and, as previously stated, naturalisation.?

Hence, the non citizen spouse must also meet other requirements, such as possessing a strong moral character, having spent the majority of those three years in the United States, speaking, reading, and writing English, and passing a US civics exam. Malaysia may take this approach and method, but with their own policies, such as forms, language proficiency, and writing exams. For example, Malaysia's willingness to develop new citizenship amendment policies such as marriage forms, moral and good character forms in order to obtain citizenship rather than waiting in line for jobs (right to work policy), economic and financial rights, property ownership, and others.?

However it might not be that easy as it seems to be a citizen of transnational marriage in the U.S because the government takes serious matters of cases like fraudulent marriage. As a result, Malaysia will take this path to make it easier for these married couples to live and gain citizenship by caring for their families earlier, with creating solutions such as laws and amendments to the matter if future problems arise in preparation.?

We think the greatest irony of our lives is knowing that our lives are dependent on pieces of papers. Having to insist on the fact that our lives are more than pieces of papers. Our lives are more than any of these laws that they can’t seem to pass. Our lives are beyond whatever hateful, vitriolic, bigoted language that politicians including the prime minister of this country might talk about us. That our lives are beyond people’s ignorance and indifference about our lives as if all we are issues.?

Malaysian Law Amendment for Citizenship Recommendations

As a result, in the sense of marriage and owning a citizenship in Malaysia, we urge the Malaysian government to:?

Firstly,? amend the Federal Constitution to ensure that children of Malaysian mothers born abroad will obtain citizenship by law.? Secondly, amend laws and regulations that discriminate against foreign spouses, allowing them to work while on temporary visas and ensuring that they are able to obtain permanent residency status without undue delay. Ensure that separated, divorced, or widowed foreign spouses (both men and women) have the right to remain in the country and operate independently. Thirdly, To provide unrestricted access to justice for all non-citizens, including those with irregular status, by providing legal aid and enabling them to live and work in Malaysia (to support themselves) before their cases are adjudicated and all appeals have been heard.? Fourthly, ensuring that all non-citizens have equal and unrestricted access to healthcare.? Fifthly, Make certain that all non-citizen children have access to education. Sixthly, to follow the recommendations of the Committee on the Elimination of Discrimination Against Women and the Committee on the Rights of the Child, especially those concerning non-citizens' rights.

Spreading awareness on gender inequality in terms of citizenship in Malaysia?

Gender inequality in terms of Malaysian citizenship is not a new issue but very few people actually shed light on this issue, mainly the ones who shed light are mothers whose child has been rejected from getting the Malaysian citizenship. This is because the people are too scared or think that they do not fall into this category hence they decide to just ignore this issue. Malaysian people’s attitude needs to change especially in regards to this issue since a lot of children are suffering because of their ignorance. By shining a light on this issue, it can urge the government to take action and find a solution to this problem.?

Recently, there has been a case where 6 mothers filed a citizenship suit and the suit was brought by a non-government organization (NGO). The government had decided to dismiss the suit but their decision was overthrown by the High Court and the suit is currently under review. This clearly shows that the government does not want to seriously address the issue at hand and is even willing to actually throw the suit away without finding a solution to the problem. The action of the government shows where they actually stand on the matter of Malaysian Citizenship. They are still discriminatory against women and are not willing to change it for the better.?

The war for Malaysian women to get citizenship for their children is a never ending war. There are some NGOs that have taken up this issue and have been challenging the government to change their discriminatory law. One of the most vocal NGO on their support for equal rights between men and women in terms of citizenship is, Development of Human Resources for Rural Areas (DHRRA). They have been spreading awareness on this issue and they have yet to come out victorious but by them, spreading awareness on this issue, the court has decided to take on the case of 6 mothers which has been mentioned previously. This issue is also being currently under review by the High Court so that the Malaysian children whose mother is in a transnational marriage can get their citizenship.

More and more people are now voicing their support on this issue since it first came about. By spreading more awareness on the gender inequality in terms of citizenship in Malaysia, it can at least make the newer generation know what their rights are. It will also shed light on all the discrimination that women have to endure for basically most of our lives. This can lead to a better future for Malaysia where both men and women's rights are equal.?

Conclusion?

To conclude this paper, the government of Malaysia and the Federal Constitution is misogynistic when it comes to citizenship as well as granting basic human rights towards refugees. It could be due to the Federal Constitution being written back in 1957 and mostly written by men. We have to change the way we think in order to move forward, we can’t follow the old tradition whereby men will have more privileges and higher levels in society. The patriarchal system that British introduced to us during their colonization has to stop by creating our own unique system, whereby gender is not a measure of worthiness.?

Apart from that, when it comes to granting citizenship for refugees, we have to think broader than simply saying that ‘we have to focus on our own backyard’ because these people are dying and fleeing from their home country as a last resort to secure their safety. As for stateless children, it is hard for them to have a decent life in Malaysia if they don't have access to education, healthcare due to not having a Malaysia Identification Card (IC) and birth certificate. The legislature must take this issue seriously because currently our country is receiving negative reactions from the UNHCR.?