PUTRAJAYA must consider amending the Federal Constitution to grant Malaysian women the right to confer citizenship on their children who were born abroad by tabling the proposed law independently, civil society groups said.

Family Frontiers lead coordinator Bina Ramanand said by doing so, the government increases the chances of it being voted through in parliament and fulfilling the promise they have made.

“It will mark a significant stride towards gender equality and addressing the need to safeguard and protect the rights of Malaysian women and their children,” she said.

Currently, only children born overseas to Malaysian fathers who are married to foreign spouses are entitled to gain citizenship by law.

The government has now agreed to amend the Federal Constitution to enable children born overseas to Malaysian mothers, who are married to foreigners, to automatically become citizens.

Bina said they want this positive amendment granting gender equality to children born overseas to Malaysian mothers to become a reality.

“However, we stand firmly on the principle that the government’s approach to citizenship issues must be comprehensive and just.”

On November 6, Prime Minister Anwar Ibrahim said the government would explain to backbenchers the proposed amendments to the citizenship law.

He said the Conference of Rulers had declared a stance on the amendments.

“Any constitutional amendment on the issue of citizenship must be cleared with the Conference of Rulers.

“The rulers have taken a certain position and we will have to honour it. We need to explain this to the backbenchers,” he said.

Putrajaya had put forth the constitutional changes to solve citizenship problems plaguing overseas-born children of Malaysian women with foreign husbands.

Bina said it was crucial that the government proceeded immediately to table the amendment that would grant Malaysian women rights to confer citizenship to their overseas born children.

“This must be separated from the other series of regressive amendments and tabled in parliament without further delay.  

“With each passing day of this delay, there are Malaysian mothers who remain in a precarious situation.”

She also lauded the Home Ministry for approving 11,000 citizenship applications.

“However, there remains a significant backlog of over 100,000 applications, where many of which are for children in dire need of citizenship and access to fundamental rights.”

Lawyers for Liberty director Zaid Malek said that Anwar is right and that by virtue of the constitution the government needs to get the approval of the Council of Rulers.

“That’s just only one part of the process because it still needs to be tabled in parliament and get two-thirds majority. Only then can it be passed.

“Initially the amendments were for Malaysian mothers with foreign spouses and their children who were born abroad.

“That has popular support, but then it was packaged with all the other regressive amendments.

“So, when the civil society groups were made aware that these other amendments were included, they objected.”

Zaid, however, said the government should go ahead with the amendment.

“Any of the amendments that strip away the constitutional rights of citizenship for the stateless should be withdrawn.”

He added that if the other amendments are passed this group will remain stateless and have nowhere to go.

“It will just create a larger group of the stateless with no legal recourse.” –  November 21, 2023.