Chapter 3 - Report of the Research and Policy Development Group 1. MONITORING THE IMPLEMENTATION OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) (a) Independent Report to the CEDAW Committee In anticipation of the Government’s submission of its combined 3rd and 4th CEDAW State Periodic Report to the UN, the Commission took steps to ensure timely completion of its Independent CEDAW Report (‘the CEDAW Report’). This will supplement the State Periodic Report. The Independent Report will highlight issues based on the Commission’s observation of the Government’s progress in implementing the CEDAW Committee’s comments and recommendations in its 2006 Concluding Comments.1 The CEDAW Report flags several issues of concern: (i) The absence of a Gender Equality Act Although Article 8 of the Federal Constitution was amended in 2001 by inserting the word ‘gender’ as a prohibited ground of discrimination, Malaysia still does not have a Gender Equality Act. The Government had initiated discussions in 2010 to gather input, but the outcome is unknown. The Commission calls upon the Government to expedite the drafting of the law in consultation with the relevant stakeholders. It is the Commission’s hope that the proposed law will promote and protect the rights of women, hence elevating their status and empowering them. (ii) Double standards on citizenship in the Federal Constitution The children of a Malaysian woman who is married to a non-Malaysian do not qualify automatically for citizenship. They are only eligible if they are born in Malaysia. In contrast, the children of a Malaysian man and a non-Malaysian woman qualify for citizenship regardless of the place of birth, provided that any such child born outside the country is registered at a Malaysian Consulate within a prescribed time, as stipulated in Article 14 of the Federal Constitution. The Commission is aware of the administrative procedure introduced in 2010 to allow Malaysian women who are married to foreigners to apply for Malaysian citizenship for children born outside the country. On a constitutional basis, however, discrimination persists against women with foreign spouses. Article 15 of the Federal Constitution provides that citizenship may be conferred on the foreign wife of a Malaysian man upon application to the Government. However, there is no similar provision for the foreign husband of a Malaysian woman. In view of these situations, the Commission urges the Government to review the provisions of laws generally and the Federal Constitution specifically to make these consistent with the principle of non-discrimination, in line with Malaysia’s treaty obligations. 1 Pursuant to its review of Malaysia’s combined initial and periodic report in 2004, the CEDAW Committee issued Concluding Comments which contained positive comments, principal areas of concern and its recommendations. 75