17-11-2023 (KUALA LUMPUR) In 2019, Mrs Esther Teo, 37, faced a dilemma as a Malaysian mother married to a German national. Desiring automatic Malaysian citizenship for her second child, in contrast to her elder daughter born in Germany, Mrs Teo risked a long-haul flight while heavily pregnant, concealing her condition from airport officials. This unconventional journey reflects the struggle many Malaysian mothers face due to the current citizenship laws.
Despite Malaysian fathers having the authority to grant automatic citizenship to their overseas-born children, the same privilege does not extend to Malaysian mothers with foreign spouses. This inequality has prompted legal battles, with the government proposing constitutional amendments to grant equal citizenship rights to mothers. However, these amendments are controversial, with concerns raised about potential repercussions on vulnerable groups.
Citizenship holds significant sway over access to education, healthcare, and employment. Malaysia’s Constitution outlines pathways for acquiring citizenship, including verification of citizenship status, registration, and naturalization. The proposed amendments seek to rectify the disparity faced by Malaysian mothers, allowing them to confer automatic citizenship on their overseas-born children.
A legal battle currently resides in the Federal Court, where mothers are advocating for equal citizenship rights. Simultaneously, the government has proposed five additional amendments to citizenship laws, eliciting criticism from rights groups. These groups argue that these amendments may exacerbate statelessness, particularly for abandoned children, foundlings, and those born to permanent residents, creating a new class of stateless individuals.
The Malaysian Citizenship Rights Alliance (MCRA), comprising Yayasan Chow Kit, Lawyers for Liberty (LFL), Development of Human Resources of Rural Areas (DHRRA) Malaysia, and Family Frontiers, opposes five of the proposed amendments, deeming them “regressive.” They argue that these changes grant absolute discretion to the Home Minister and the National Registration Department, hindering recourse if citizenship applications are rejected.
Mrs Teo, having already applied for her eldest daughter’s citizenship, expresses concern over the potential impact on other vulnerable segments of society. While anxious for her daughter’s citizenship, she recognizes the unfairness of the proposed changes, especially for foundlings and abandoned children.
The legal battle has garnered attention from various quarters, including Prime Minister Anwar Ibrahim, who emphasized the need to consider the Conference of Rulers’ views on constitutional amendments. However, critics argue that the proposed changes intertwine positive and regressive amendments, making it difficult to address the issue without negatively impacting other vulnerable groups.
The president of Family Frontiers, Ms Suriani Kempe, finds the government’s approach disheartening, suggesting that it turns children into commodities, pitting the rights of overseas-born children of Malaysian mothers against those of other vulnerable groups. She advocates for decoupling the amendments, allowing progressive changes to be considered independently.
Mrs Maalini Ramalo, the director of DHRRA Malaysia, believes that the proposed amendments stem from the government’s desire to counter successful court proceedings challenging citizenship laws. One such case involved the Federal Court rejecting the government’s attempt to deny recognition of a stateless man as a Malaysian citizen. The proposed removal of a provision ensuring citizenship by operation of law is seen as a threat to individuals born stateless in Malaysia.
Critics argue that the proposed amendments, if enacted, could make it more challenging for individuals like Mr Wong Kueng Hui, who fought for 16 years to attain Malaysian citizenship. The amendments are criticized as “cruel,” with potential repercussions for those seeking justice in court.
Actress Melissa Aurelia, facing challenges in obtaining Malaysian citizenship, echoes the sentiment that the amendments would exacerbate difficulties for stateless individuals. The discriminatory nature of Malaysia’s citizenship laws, particularly against men in passing citizenship to children born out of wedlock, further complicates the situation.
Prime Minister Anwar Ibrahim and Home Minister Saifuddin Nasution Ismail have emphasized engaging with MPs to explain the proposed amendments. However, concerns persist among some MPs, hinting at potential opposition to the changes.
In the midst of this debate, the hope remains that Malaysian mothers with overseas-born children will gain equal citizenship rights without compromising the rights of other vulnerable groups. Mr Wong emphasizes the need for adherence to the Constitution and calls for reforms in the National Registration Department to facilitate the citizenship application process.
As the legal battle unfolds and public discourse intensifies, the outcome remains uncertain, leaving many Malaysian mothers, like Mrs Teo, in a state of suspense regarding their children’s citizenship status.
