’New citizenship law a win for mums but not for the stateless’

PETALING JAYA: While the passing of the much-awaited citizenship law was a victory for Malaysian mothers, human rights and women’s groups have voiced concerns about its impact on and protection of stateless communities.

Family Frontiers and its Malaysian Mothers’ Network, the leading groups on this issue, welcomed the passing of the amendment that grants Malaysian women the same rights as Malaysian men to confer automatic citizenship on their children born overseas.

“We are all proud Malaysians today. This vote for progress is long overdue.

“The amendment will significantly alleviate the emotional and bureaucratic burdens faced by countless Malaysian mothers who have long struggled with the uncertainty and stress of their children’s citizenship status,” said Family Frontiers president Adlyn Adam Teoh in a statement yesterday.

Adlyn said that the legislation ensures children born abroad to Malaysian mothers can now enjoy the same rights and privileges as those born within the country, fostering a sense of belonging and security.

“This historic milestone marks a significant stride in the pursuit of gender equality.

We extend our gratitude to the government and MPs who supported Malaysian mothers’ equal citizenship rights and look forward to its passage through the Dewan Negara,” said the group.

However, Family Frontiers noted that “this victory would have been much sweeter had the amendment been made retroactive, ensuring that all affected Malaysian mothers and their children would benefit.”

“While we acknowledge the Home Minister’s commitment to processing current applications under Article 15(2), the amendment continues to exclude children who have yet to apply and those who have surpassed the age of 18, including some whose mothers have passed away.”

She added that children born before the amendment takes effect will also be excluded, urging the government to ensure there are no delays in implementing the constitutional change.

“Equally concerning are the three regressive amendments bundled with the progressive amendment for mothers. These include the removal of automatic citizenship for children of stateless, local-born Permanent Resident (PR) holders, the lowering of the age limit to apply for citizenship from 21 to 18, and the revocation of citizenship for foreign wives if their marriage is dissolved within two years of gaining citizenship.

“It is deeply disappointing that while making strides toward equality, the government has chosen to eliminate a constitutional pathway to citizenship,” said Family Frontiers.

Association of Women Lawyers vice-president Jasmine Wong expressed mixed feelings, describing the law’s passing as “bittersweet.”

“We have been pushing for the Bill to be decoupled. So, congratulations to our mothers now because they will be able to pass on citizenship to their overseas-born children, but two points of concern remain.”

Wong highlighted that the amendment is not retroactive, leaving a significant group of affected children ineligible for automatic citizenship, particularly families, including those from Indigenous communities, with children born before the law’s passage.

Many members of these communities are PR holders without any other citizenship and are considered stateless, Wong added, noting this could worsen the problem of generational statelessness.

“The removal of such citizenship rights is a grave concern, and once they’re taken away, it’s as good as gone forever,” she said.