Chapter 3 - Report of the Research and Policy Development Group
4. REMOVAL OF THE REMAINING RESERVATIONS TO CEDAW, CRC
AND CRPD
(a) CEDAW
On 17 April, a meeting was held with representatives of various Government agencies,
academicians and experts to discuss the remaining reservations to CEDAW. The Government
agencies involved included the MWFCD, Ministry of Foreign Affairs (MOFA), Ministry of Home
Affairs (MOHA), the Legal Affairs Division of the Prime Minister’s Department (BHEUU),
Department of Islamic Development Malaysia (JAKIM), National Registration Department
(NRD), Federal Territory Syariah Court and several other Government agencies. The academic
representatives were Prof Dr Najibah Mohd Zain from the International Islamic University (IIUM)
(who was also one of the panel presenters) and representatives of the University of Malaya and
Universiti Kebangsaan Malaysia, while Mr Andrew Khoo represented the Malaysian Bar Council
and Ms Shanti Dariam, a former member of the CEDAW Committee, provided independent
expert opinions.
The objectives of the meeting were as follows:
i.
To provide an opportunity to discuss in depth, and share opinions on, articles that remain
reserved;
ii.
To get a clear stand on that reservation; and
iii.
To formulate practical recommendations that can be adopted by Malaysia regarding the
reservations.
That meeting was an initiative of the Commission to obtain feedback, especially from the
Government, in respect of CEDAW articles to which reservations are still being maintained, that
is, Article 9(2), dealing with nationality, and Articles 16 1)(a), 16(1)(c), 16(1)(f) and 16(1)(g), all of
which centre on the rights of women in matters of marriage and family.
The following were among issues that were discussed:
i.
A child whose father is not a citizen at the time of his/her birth is not entitled to
citizenship as Malaysia adheres to the principle that the citizenship of a child follows
that of the father. Further, Malaysia does not recognize dual citizenship as provided in
Article 24 of the Federal Constitution.
ii.
Polygamous marriage is a form of discrimination against women and such practice
must be prevented. According to No. 21 of the General Recommendations of the
CEDAW Committee: “Polygamous marriage contravenes a woman’s right to equality
with men, and can have such serious emotional and financial consequences for her
and her dependents that such marriages ought to be discouraged and prohibited. The
Committee notes with concern that some State parties, whose constitutions guarantee
equal rights, permit polygamous marriage in accordance with personal or customary
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