This article was first published on 9th November 2023 and updated as of 19th July 2024 and 17th October 2024.

Who are stateless children?

Stateless children are children not granted Malaysian citizenship due to a variety of reasons. Their life is marred by lack of access to basic aid such as education, healthcare and employment opportunities.

What has the government proposed?

The government has proposed a bundle of constitutional amendments on citizenship which are both non-controversial and controversial:

Non-controversial

The government intends to amend citizenship provisions in the Federal Constitution to grant Malaysian mothers the equal right to confer automatic citizenship on their children born overseas, just like Malaysian fathers.

Controversial

A set of five other proposed amendments seek to remove existing protections within the Federal Constitution which activists have argued would cast doubt on the status of children in categories such as children born out of wedlock to Malaysian men, stateless children adopted by Malaysian parent(s), “foundlings” and abandoned children, generational stateless children/persons among others.

A Deeper Look at the Effects of the Proposed Reforms

1. Foundlings and abandoned children will no longer be entitled to automatic citizenship 

The proposed amendment will subject them to discretionary citizenship. 

2. Children born to Malaysian Permanent Residents who are stateless will no longer have access to automatic citizenship

The proposed amendment will be detrimental to existing stateless communities such as Orang Asli and Orang Asal of Malaysia.

3. Vulnerable and affected individuals will no longer be constitutionally protected against statelessness

The proposed amendment  will mean they will no longer be able to access citizenship by ‘operation of law’.

Vulnerable and affected individuals include:

  • Children born out of wedlock
  • Adopted stateless children
  • Abandoned stateless children
  • Indigenous communities

4. Foreign spouse of a Malaysian man will have their citizenship revoked if the marriage is dissolved less than 2 years after the spouse has been granted Malaysian citizenship

The proposed amendment may have the effect of trapping a previously foreign wife in a potentially violent marriage. 

5. Stateless child applicants will have reduced years to apply for citizenship

The proposed amendment will have the effect of shortening the time available for process and appeals thus shutting down the path to citizenship

*Source: The Malaysian Citizenship Rights Alliance (MCRA)

Why is this controversial?

These amendments will not only make those who are stateless unable to have citizenship recognised, but will inevitably create a new class of stateless persons in Malaysia. The Home Ministry has insisted that these marginalised groups of stateless children still have legal options to obtain citizenship by way of registration under the Federal Constitution.

What are others saying?

Datuk Dr Hartini Zainuddin, co-founder of Yayasan Chow Kit, has called upon the government to defer the five amendments that propose to take away existing rights to citizenship and to study the full implications and impact so as to ensure the amendments  are just and centred on the best interests of the child.

Dr Tricia Yeoh, CEO of the Institute for Democracy and Economic Affairs (IDEAS), an NGOhas said that, “The Ministry (of Home Affairs) has thus far failed to provide data to prove that the status quo regarding stateless children has been a national security threat, despite being asked repeatedly by CSOs (Civil Society Organisations)”. She said this in response to repeated justification given by the Ministry for these amendments, which include safeguarding security.

What can you do?

  • Protest these proposed amendments that will strip citizenship from Malaysia children
  • Preserve the right to citizenship of Malaysian children
  • Support the notion that citizenship is a constitutional RIGHT and not a gift

The Malaysian Citizenship Rights Alliance (MCRA) has organised and put into place this petition. Only your name and email are required to sign the petition. Getting support in a timely manner is crucial to ensuring the petition’s success.

They are demanding the Goverment de-couple (and not bundle) the proposed amendments: 

  • Proceed with the amendment that will grant Malaysian mothers the right to confer citizenship to their children born overseas and 
  • Halt the five regressive amendments that will result in stripping citizenship from already vulnerable categories of Malaysian children, including foundlings/abandoned children, adopted children and children born out of wedlock.

As of July 2024, only 2 out of the 5 controversial amendments have been dropped.

They are:

  1. Foundlings and abandoned children will no longer be entitled to automatic citizenship. 
  2. Vulnerable and affected individuals will no longer be constitutionally protected against statelessness.

The 3 controversial amendments that remain are:

  1. Children born to Malaysian Permanent Residents who are stateless will no longer have access to automatic citizenship.
  2. Foreign spouse of a Malaysian man will have their citizenship revoked if the marriage is dissolved less than 2 years after the spouse has been granted Malaysian citizenship.
  3. Stateless child applicants will have reduced years to apply for citizenship.

The MCRA has since proposed a counter proposal to the government, summarising key consequences of the controversial amendments and has set out detailed recommendations for several legal and procedural improvements to the bill.

Update as of 17th October 2024

The Constitution (Amendment) Bill 2024 has received the supermajority support needed by Dewan Rakyat to amend the Federal Constitution and incorporate the changes to the country’s citizenship laws. The changes include:

Non-controversial

Malaysian mothers will now have the equal right to confer automatic citizenship on their children born overseas, just like Malaysian fathers.

Update: As of 10th March 2025, after a landmark settlement, children under 18 years old, born overseas to Malaysian mothers, are now eligible to apply for Malaysian citizenship.

Controversial:

  1. Children of parents who are permanent residents will now inherit the nationality of their parents, when they were previously entitled to Malaysian citizenship by operation of law.
  2. Foreign spouses who secured citizenship through marriage will now have this revoked if the marriage is ended within two years of them becoming Malaysian.
  3. The age limit for citizenship applications will be reduced from 21 years to 18 years, reducing the window by three years.

Other amendments include:

  • The requirement to take an oath of allegiance for children born abroad to receive their automatic citizenship.
  • The requirement to take an oath of allegiance for children born abroad to register their citizenship.
  • Any newborn child found abandoned in any place will be presumed, until proven otherwise, to have been born in that location and that the mother is a citizen.

Follow Family Frontiers for more updates. Click here to read their full statement on the developments including their concerns on the controversial amendments that remain bundled with the progressive amendment for mothers.

 

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