Children born abroad to Malaysian women with foreign spouses are eligible for citizenship - Azalina, Saifuddin

SHAH ALAM - Children born abroad to Malaysian mothers married to foreigners are legally entitled to Malaysian citizenship.

According to a joint statement by Home Minister Datuk Seri Saifuddin Nasution Ismail and Legal and Institutional Reform Minister Datuk Seri Azalina Othman Said said the matter was examined and agreed by the Cabinet in a meeting on Friday.

“The Cabinet meeting has examined and agreed with the proposed amendment to the Federal Constitution against Part 1 Section 1(1)(d) and Section 1(1)(e) and Part III Section 1 (b) and Section 1(c) of the Second Schedule.

“This is to grant citizenship through enforcement of the law to children born abroad to Malaysian mothers who are married to non-Malaysian spouses.

“The proposed amendment to the Federal Constitution on this matter is to replace the words “father” in Part 1 and Part II of the Second Schedule with the words “at one of his parents”.

“It is to enable Malaysian mothers to get a their equal rights according to the Federal Constitution. The next Constitution (Amendment) Bill 2023 is expected to be tabled in this Parliament session after fulfilling all the legal requirements,” the statement said.

The statement also stated that other amendments related to citizenship especially Part II will be studied in more detail.

He said the matter will be studied by the Committee established under the Home Ministry and will be presented to the Cabinet after they take into account all relevant stakeholders and finalise the proposed amendments.

“It is line with the Unity Government’s commitment to recognise the equality of men and women, eliminate discrimination against women in Malaysia and overcome the shortcomings of the citizenship provisions arise.

“This is in addition to resolving the backlog of cases for the women affected - their application for their children’s citizenship via registration takes too long and is unreasonable, and provides clear interpretation and avoids different interpretations from the court.

“Accordingly, with the effect of today’s (yesterday) decision is that a child abroad before or after Malaysia Day where at least one of his parents is a Malaysian citizen is entitled to citizenship through the force of law according to Clause (1) Article 14 of the Federal Constitution,” it said.

The statement had also expressed its gratitude to the Unity Government led by Prime Minister Datuk Seri Anwar Ibrahim and ministers.

“This is because of realising the country’s commitment to gender equality and fulfilling the rights of children,” it said.