206 vs 1: Dewan Rakyat passes citizenship rights bill

PARLIAMENT | The Dewan Rakyat has passed the Constitution (Amendment) Bill 2024 on citizenship rights via bloc vote.

A total of 70 MPs debated the bill at the second reading stage, followed by a bloc vote after Home Minister Saifuddin Nasution Ismail’s winding-up speech today.

Dewan Rakyat speaker Johari Abdul announced that 206 MPs had voted for the bill, while one MP voted against it.

He said 14 MPs were absent, and one - Wan Ahmad Fayhsal Wan Ahmad Kamal (PN-Machang) - was suspended.

The MP who opposed the bill was Muar lawmaker Syed Saddiq Syed Abdul Rahman.

The bill was also tabled for a third reading and again put to a bloc vote, with the same results announced by Johari.

Addressing related issues

The Federal Constitution amendments, first tabled in March, were proposed to address various citizenship-related issues.

These include two amendments which give Malaysian mothers the equal right to confer automatic citizenship on children born overseas.

These amendments are to Article 14(1)(b), Sections 1(b) and 1(c) of Part II of the Second Schedule.

Throughout the debates, government and opposition lawmakers credited the amendments as a progressive step towards gender equality and protecting the rights of children.

The three other proposed amendments refer to:

• Section 1(a) Part II of the Second Schedule to delete the words “permanently resident”;

• Article 26(2) to replace the word “date of the marriage” with “date of obtaining citizenship”;

• Articles 15A and 19(2) on reducing the age limit for the purposes of obtaining citizenship from “21 years” to “18 years”.

Citizenship rights activists have maintained that portions of the amendments were regressive and earlier attempted a last-minute lobby for MPs to stall the bill.

‘Summary of amendments’

1. Citizenship for children born abroad to Malaysian women: One of the major changes allows Malaysian women married to foreign spouses to pass on their citizenship to children born abroad, aligning with the rights previously only granted to Malaysian men.

2. Exclusion of retroactivity: The amendment does not apply retroactively, meaning children born abroad before the law takes effect will not automatically receive citizenship. They will still need to apply for citizenship via existing procedures.

3. Lowering the age limit for citizenship applications: The bill lowers the age limit for citizenship applications under Article 15A from 21 to 18 years old. This change aligns with the legal definition of a minor in Malaysia and the voting age.

4. Permanent residents’ children: The bill removes the provision that previously granted citizenship to children born in Malaysia to permanent resident parents. Now, at least one parent must be a Malaysian citizen for the child to be eligible.

5. Changes for foreign women married to Malaysians: Foreign women who gain citizenship through marriage will lose their citizenship if the marriage dissolves within two years of gaining it. This amendment is aimed at preventing the exploitation of marriage for citizenship.

In March, the Home Ministry had dropped a proposed repeal of Section 19B of Part III of the Second Schedule of the Federal Constitution, and Section 1(e) of the same section in the same schedule on the right to grant citizenship to foundlings.

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