18-10-2024 (KUALA LUMPUR) In a pivotal moment for Malaysian legislation, Parliament has passed a groundbreaking amendment to the Constitution, granting citizenship rights to children born overseas to Malaysian mothers. The Constitution (Amendment) Bill 2024, approved on 17 October with an overwhelming majority of 206 votes in the 222-seat Lower House, marks a significant stride towards gender equality in the nation’s citizenship laws.
This long-awaited reform allows both mothers and fathers to pass on their Malaysian citizenship to children born abroad, rectifying a longstanding disparity that had disadvantaged Malaysian women married to foreign nationals. Democratic Action Party (DAP) lawmaker Syahredzan Johan hailed the amendment, stating, “We can finally give a little justice to the children of mothers who marry non-Malaysian citizens.”
The bill, which aims to address issues of statelessness, has undergone extensive revisions since its initial proposal in March. Following consultations with NGOs and the Parliamentary Special Select Committee on Women, Children and Community Development, several contentious points have been resolved. Notably, abandoned children, or foundlings, will now receive automatic citizenship, and foreign spouses who gain citizenship through marriage will not face revocation if divorced within two years.
However, the new law has not been without controversy. A key point of contention is the revocation of automatic Malaysian citizenship for children born in Malaysia to permanent residents (PRs). These children will instead be granted PR status with the option to apply for citizenship through registration or naturalisation.
This aspect of the bill has drawn criticism from various quarters. Parti Keadilan Rakyat backbencher Hassan Karim advocated for a more liberal approach, arguing that children of PR parents born in Malaysia should be recognised as citizens by operation of law. Opposition lawmaker Muhyiddin Yassin echoed these concerns, urging the government to reconsider this provision.
In response to these apprehensions, Home Minister Saifuddin Nasution Ismail assured Parliament that children of PRs would receive priority in citizenship applications. He committed to processing the 10,000 pending applications from locally born PR children within six months. rights organisations have also voiced their concerns. Eric Paulsen, adviser to Lawyers for Liberty, criticised the amendment as regressive, highlighting that many PRs have deep ties to Malaysia and have been unfairly deprived of citizenship.
Despite these ongoing debates, the passage of the bill has been celebrated by equal citizenship NGOs such as Family Frontiers and the Malaysian Mothers’ Network. They lauded the decision as a “historic milestone” in the pursuit of gender equality, while cautioning against the regressive elements that remain.
