9-11-2023 (KUALA LUMPUR) Proposed amendments to Malaysia’s citizenship law put forward by Prime Minister Anwar Ibrahim’s administration have been met with criticism, with opponents describing them as “cruel” and expressing fears that they could lead to a new class of stateless individuals, including children.
One of the amendments aims to automatically grant citizenship to children born abroad to Malaysian mothers who are married to foreigners. While this particular change has been welcomed, other proposed amendments to Schedule 2 of the Federal Constitution have raised concerns among critics who argue that they would remove citizenship rights for other groups.
Critics highlight five specific amendments that they believe would result in a significant number of stateless children. Under one of these amendments, abandoned babies and children would no longer be entitled to automatic citizenship, which opponents deem as a “regressive” move.
“This is a cruel amendment. They will strip away the rights to citizenship of the stateless. Why are we punishing the children?” said Mr. Zaid Malek, director of the non-governmental organization Lawyers for Liberty.
According to Mr. Malek, the proposed changes would further marginalize the stateless population, who are already deprived of their rights to education and healthcare. He expressed concerns that they would be trapped in Malaysia without any means to improve their situation.
Several NGOs gathered on Tuesday to criticize the proposed amendments and announced their intention to submit a memorandum requesting a review from the Conference of Rulers and the Cabinet. The groups, including Lawyers for Liberty, Family Frontiers, and Yayasan Chow Kit, are urging a reconsideration of the amendments.
Opposition to the constitutional changes has also been voiced by several Members of Parliament from the ruling Pakatan Harapan coalition. Achieving the necessary two-thirds support in Parliament to pass the amendments would be challenging for Prime Minister Anwar’s unity government, which currently holds a narrow three-vote majority over the minimum required.
As of the end of August 2023, there were approximately 150,000 pending applications for citizenship. If the amendments are passed, many of these applicants may lose their eligibility to apply for citizenship.
Among the groups that may be affected by the proposed changes are children born out of wedlock to a Malaysian father, stateless children adopted by Malaysian parents, abandoned children without proper documentation, and families with multiple generations of stateless children born in Malaysia.
Under the current Constitution, these groups are automatically granted Malaysian citizenship. However, rights activists argue that in practice, the application process for citizenship for such groups is burdened with bureaucratic delays and appeals, taking many years without any guarantee of success.
Another proposal is to lower the age limit for registration from 21 years to 18 years, potentially narrowing the pathway for stateless children to acquire nationality.
Rights activists have questioned why the government, in its efforts to address the issue of overseas-born children, decided to make amendments to other sections of the Constitution, potentially impacting stateless individuals in Malaysia. They emphasize that stateless children lack identity cards and passports, are denied access to public schools, and face difficulties in receiving free medical care. As adults, they often struggle to find employment without proper qualifications.
The proposed amendments, if implemented, would resolve the issue of citizenship for children born abroad to Malaysian mothers. Currently, only children born overseas to Malaysian fathers are automatically granted citizenship. Malaysian mothers with non-Malaysian spouses have to apply for citizenship for their children, with an approval rate of less than 2 percent.
Prime Minister Anwar stated on Monday that the government would explain the proposed amendments to its members of parliament and confirmed that the Conference of Rulers had discussed the proposals. He emphasized the need to respect the position taken by the Conference of Rulers, although he did not disclose the specifics of their stance.
