PARLIAMENT has yet to pass the Federal Constitution Amendment Bill that will grant Malaysian mothers the right to pass on citizenship to their overseas-born children by operation of law.

Although Home Minister Saifuddin Nasution has approved more than 3,000 citizenship applications from Malaysian mothers under the current law, many of them living and working overseas still face uncertainty, with numerous applications either rejected or pending.

This struggle will persist until parliament passes the law. Malaysian mothers must return to Malaysia to give birth to ensure their children obtain citizenship. Those who give birth overseas remain vulnerable.

The amendment bill tabled in parliament does not have a retrospective provision for mothers whose children’s citizenship applications under Article 15(2) are still being processed. This situation is particularly difficult for those living abroad who cannot easily resubmit their applications in Putrajaya or have encountered obstacles in the process.

Up to tens of thousands of people could be affected.  This group includes divorced or widowed Malaysian women abroad. The non-retrospective nature of the amendment also excludes overseas-born children of Malaysian mothers who are now over 21 and ineligible to apply for citizenship, including some whose mothers have died.

Under Article 15(2) of the Federal Constitution, the home minister holds discretionary power over citizenship applications. However, this means not all applicants will be successful, even if they meet the criteria. Deputy National Unity Minister Saraswathy Kandasami suggested that some cases never reach the minister, despite the constitution granting this prerogative solely to him. These bureaucratic issues need urgent attention.

Recently, the government issued many rejection letters to mothers without providing reasons, despite the home minister’s promise that rejections would include explanations by March 2024. Data from Family Frontiers show that a 80% of the rejections are of applications from mothers living overseas. It is important to note that the law does not require mothers to reside in Malaysia for their children to obtain citizenship.

In one instance, a mother received a rejection for one child and an approval for another, all within three days, despite submitting similar applications. Such situations create confusion and anxiety, leaving mothers uncertain about the application process and trapped in a cycle of resubmissions.

Pakatan Harapan and Barisan Nasional, the two major political blocs in the federal government, included the mothers’ amendment bill in their manifestos in 2022. In fact, all political parties, including opposition party Bersatu, included the bill in their election manifestos.

The “i” in Madani stands for “ihsan,” or compassion. The current law does not fully embody this principle, leaving mothers and children vulnerable to separation and hardship. By prioritising this amendment, the government can demonstrate its respect for family reunification and the rights of mothers, ensuring they receive legal protection.

While awaiting the amendment, the government must expedite the processing of citizenship applications. Although not all applications will be approved, passing the amendment with retrospective effect would be a significant step forward for Malaysian women and family welfare. It would align the law with contemporary social values and standards of justice, ensuring equal treatment for all Malaysian mothers and their children.

Society stands to benefit from this amendment, as it would reduce brain drain by allowing Malaysian mothers with overseas-born children to return home without fearing for their children’s status. They could then contribute to the economy, making Malaysia a more inclusive, progressive, and women-friendly nation.

The public must stand in solidarity with Malaysian mothers. This law might not affect you now, but it could impact your daughters, granddaughters, or other women in your life. Use your vote to urge the government to proceed with the mothers’ amendment bill and reject other regressive citizenship amendments. – September 2, 2024.

* Lim Chee Han is a founding member of Agora Society and a policy researcher. He holds a PhD in infection biology from Hannover Medical School, Germany, and an MSc in immunology and BSc in biotechnology from Imperial College London. Health and socioeconomic policies are his concerns. He believes a nation can advance significantly if policymaking and research are taken seriously.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.