Citizenship amendment offers hope to Malaysian mothers, but leaves children born before law in limbo

SHAH ALAM - The passing of an amendment allowing Malaysian women to confer citizenship to their overseas-born children automatically is a significant victory in the fight for gender equality.

Family Frontiers and the Malaysian Mothers' Network have expressed appreciation for this step forward, which puts women on equal footing with men in terms of passing citizenship to their children.

Family Frontiers president Adlyn Adam Teoh emphasised that this progress was long overdue.

"It will ease the emotional and bureaucratic burdens faced by so many Malaysian mothers who have lived with the stress of their children's uncertain citizenship status.

"The change will ensure children born abroad to Malaysian mothers enjoy the same rights as those born within the country, fostering a sense of belonging and security," she said.

However, the amendment, while celebrated, did not come without concerns.

One key issue was the lack of retroactive application which meant that children born before the amendment will not automatically be granted Malaysian citizenship.

This left many families still facing the same struggles they have long endured.

Pamela Yeh, a mother still waiting for her teenage daughter’s citizenship recognition, shared her frustration and said it was devastating to many mothers and children that this amendment was not retroactive.

"My children and many others like them, will not automatically be Malaysian simply because they were born before this amendment was passed," she said.

Family Frontiers has emphasised the need for immediate government action to address this gap, urging that there be no delays in the actual implementation of the constitutional change.

Additionally, the organisation called on the government to provide pathways to citizenship for children excluded by the amendment’s non-retroactive nature.

Another concern raised was the inclusion of three regressive provisions alongside the progressive amendment.

These changes included the removal of automatic citizenship for children of stateless local-born permanent residence holders, the reduction of the age limit for applying for citizenship from 21 to 18 and the revocation of citizenship for foreign wives if their marriage was dissolved within two years of obtaining citizenship.

Family Frontiers also criticised these bundled amendments, expressing disappointment that while advancing equality for some, the government was simultaneously closing a constitutional pathway to citizenship for others.

The organisation called on the government to ensure that all children, including those of stateless local-born permanent residents, have clear and fair pathways to citizenship.

It expressed deep gratitude to everyone who supported their campaign, particularly civil society organisations such as the Malaysian Citizenship Rights Alliance (MCRA) and the Joint Action Group for Gender Equality (JAG), along with the wider Malaysian public.

"To the Malaysian mothers who worked tirelessly to ensure no other woman endures the same inequality and injustice, you have been the backbone of this movement.

"Your commitment and support for one another through this long process have brought us to this moment," the statement said.

Yesterday, the Dewan Rakyat passed the Constitution (Amendment) Bill 2024, granting citizenship rights to children born abroad to Malaysian mothers.

The Bill was approved with a two-thirds majority, supported by 206 Members of Parliament (MPs) during its second and third readings.

Speaker Tan Sri Johari Abdul confirmed that one MP did not support the Bill, 14 were absent and one did not vote due to suspension.

Home Minister Datuk Seri Saifuddin Nasution Ismail, in winding up the debate, assured that all pending citizenship applications will be resolved within 12 months.

"The commitment of the Home Ministry is that from now until Oct 17 next year, we will resolve all these (pending) applications as a sign that we are opening a new chapter and accepting new applications," he said.

He also stated that a clearer standard operating procedure for citizenship applications has been approved by the Cabinet to streamline the process.

Additionally, the amendments aimed to lower the age limit for applying for citizenship from 21 to 18 years.

A total of 70 MPs participated in the two-day debate on the Bill.

While this amendment represented a meaningful victory, the road to full equality was not yet complete.

Family Frontiers and its supporters pledged to continue their fight until every child born to a Malaysian parent, regardless of gender, marriage status or birthplace, can secure citizenship without undue obstacles.