Kids whose plight prompted changes won't get automatic citizenship

Constitutional amendments on citizenship that will be debated and voted on at the Dewan Rakyat today were primarily motivated by the plight of overseas-born children of Malaysian mothers, who have not been able to obtain citizenship.

Yet, ironically, these children would not be entitled to automatic citizenship as the amendments promised.

This is because the amendments would not be retrospective, which Home Minister Saifuddin Nasution Ismail revealed to the media on Monday.

This was despite an indication given last year that the amendments would apply to children born to at least one Malaysian parent before or after Malaysia was formed.

This means that only children born overseas after the amendments come into force will be entitled to automatic citizenship.

The amendments will only come into force after they are approved by both the Dewan Rakyat and the Senate, and then royal assent must be obtained from the Yang di-Pertuan Agong before they are gazetted.

For children born overseas before then, they would have to register for citizenship, a process which can take years.

Saifuddin, however, has pledged that citizenship applications would not be stuck in limbo for years going forward.

‘Anguish and uncertainty’

Also trapped by the amendments that will be debated today are overseas-born children to Malaysian mothers aged 19 and older.

Previously, children of at least one Malaysian parent could apply for citizenship, up to the age of 21 under Article 15(2) of the Federal Constitution.

However, the amendments would lower that age ceiling to 18, effectively locking out those who are older and have been waiting for their citizenship applications to be approved.

Family Frontiers, the main advocacy group that had fought for women’s citizenship rights, also noted that since the amendments are not retrospective, overseas-born children who are even older than 21 would not have any shot at citizenship.

“Countless mothers - especially those who are abroad, or have previously been unable to submit citizenship applications under Article 15(2) - are left in anguish and uncertainty upon learning that the amendment will not apply to them.

“Malaysian women such as those who are widowed and divorced will be disproportionately impacted by this. Many of them reside overseas and seek to return home permanently,” the group said in a statement yesterday.

Critics are calling for the amendments to be put on hold and referred to a Parliament Special Select Committee for further deliberation.

If the bill does not get taken off the table today, the government will need a two-thirds majority to pass the constitutional amendments.

However, government backbenchers had previously indicated they might not vote for the bill if it contains regressive elements.

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