AFRICANEWS
MalawiCitizenship laws discriminate womenWomenBy Brian Ligomeka
Malawian women who marry foreign men risk losing their citizenship. Such women could be declared stateless if they do not renounce their citizenship on the first anniversary of their marriage. The same law does not apply to Malawian men who marry foreign women. The law however is also friendly to foreign women who get betrothed to Malawian men as opposed to foreign men who marry Malawian women. Resident permits for foreign men who marry Malawian women is US$650 (28,000 Malawi Kwacha). A foreign woman however only pays US$9 (400 Malawi Kwacha). Acting National Coordinator for Wilsa Malawi, Seodi White points out that the provisions in the Citizenship Act of the Laws of Malawi stipulates that a woman upon marrying a foreigner loses her right to a Malawian citizenship on their first marriage anniversary. She says the act also stipulates that children of a Malawian woman by a foreign husband cannot be Malawian citizens. Seodi describes the provision as a clear infringement of the rights of a woman as it clashes with the Constitution which specifically provides for equal rights for women. She also says the act is outlandish in the sense that it is not only above the legal powers of the Constitution but is also against Article 9 of the Convention on the Elimination of All forms of Discrimination Against Women (Cedaw) which states: "That parties shall grant women equal rights to change or retain their nationalities." Seodi further contends that much as women have the right to acquire and retain citizenship and nationality, the Malawi Constitution does not allow them to have right to pass on their citizenship to their children. Seodi , who is also a human rights activist suggests, "I think there is an urgent need to amend the Citizenship Act to make itconform to the requirements of the country's Constitution." Making his comments on the Citizenship Act, Paul Kakhongwe a researcher at University of Malawi's Centre for Social Research says while some legal reforms have taken place, aimed at improving the status of women in Malawi the major obstacle has been the fact that the majority of the women are either not aware of their rights or do not have the economic, social or political empowerment to act upon the legislation. "I believe the issue is further complicated because the Malawi society is based on the notion of male leadership and dominance and corresponding female subservience," explains Kakhongwe. He points out that although Malawi is a modern state supposedly founded on the notions of liberal democracy and equal rights of all citizens, the political legal orientation is still heavily grounded in patriarchy. "Malawi society directly or indirectly endorses the patriarchal systems," he says. An official from the Malawi Law Commission says currently the commission is making investigations on how it can amend the Citizenship Act to ensure that it is in conformity with the country's Constitution and Cedaw provisions. Communications Officer for the Association of Progressive Women in Malawi (APW) , Charles Kaiya says Malawi human rights activists have the crucial role of sensitising the masses about their rights and about legal provisions which infringe on their rights. Kaiya says APW will intensify its campaign of sensitising women on the laws which are in conflict with the Constitution and infringes on their rights. "No human rights body in this country would be happy to hear that a Malawian woman has been declared stateless when we are fully aware that the Constitution gives everybody all sorts of freedom, including freedom of marriage," says Kaiya.
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