Addressing gender discrimination in Malaysia’s nationality law was brought onto the legislative
agenda as a result of the tireless campaigning, litigation and advocacy of Malaysian mothers,
directly impacted by the law that denied them the right to confer nationality on their overseasborn children, guided and spearheaded by our partner organisation, Family Frontiers.
Responding to this civic action, the Malaysian government had a unique opportunity to mark
its unmitigated commitment to protecting equal nationality rights for all. However, it instead,
introduced a bevie of regressive amendments into the mix, which undermines its stated
commitment towards equality, runs contrary to its international obligations, and most
significantly, has placed thousands in a place of precarity.
Recognising the dangers posed by grouping these amendments together, Malaysian civil
society organisations were unified in their call to the government to decouple the amendments
and proceed with only the Malaysian mothers’ amendment while halting the other regressive
amendments. However, the Government presented the bill as a bundle of amendments, and
MPs were required to vote on the bill as a whole, rather than on each proposed amendment
separately, resulting in this mixed outcome.
By refusing to decouple the amendments in the bill, Malaysia sent a clear message on its
stance on citizenship: it is a privilege and not a fundamental right. We reiterate Malaysia’s
obligation under Article 15 of the Universal Declaration of Human Rights and several UN
treaties, to protect everyone’s equal right to a nationality, and to ensure that no one is born or
made stateless.
As the bill now makes its way to the upper house, it is imperative that representatives are
cognisant of the potential harm posed by the amendments and call on the Government to
mitigate any risks. Emphasis must be placed on protecting the Constitutionally guaranteed
fundamental rights of children and women, and long-standing Malaysian-born individuals, as
well as addressing the fact that these regressive amendments contravene Malaysia’s
international obligations.
As such, it is crucial for the upper house to call on the Government to:
1. Process all existing citizenship applications within the next year, in line with the Home
Minister Saifuddin Nasution’s commitment during the winding-up debate on the
Constitution (Amendment) Bill 2024, and in accordance with the legislative framework
applicable at the time, to ensure smooth transition from one set of rules to the other.
2. In line with the Home Minister’s announcement of new standard operating procedures
(SOPs) to improve transparency and ensure clear communication on required
documents for applications under Article 15A (Citizenship by Registration) and 19(1)
(Citizenship by Naturalisation), implement these SOPs effectively to address concerns
regarding inefficiencies, complex and discriminatory bureaucratic practices, and the
lack of transparency in citizenship applications. This could also allay concerns related
to the reduction of age limit for citizenship applications.
3. Resolve the status of individuals who hold PR status and are stateless, and establish
effective and timely safeguards and clear pathways to citizenship to prevent further
statelessness among children of stateless PR holders.
4. Establish clear, effective and timely pathways to citizenship and resolve the citizenship
status of overseas-born children of Malaysian women who were born before the
amendment takes effect, particularly those without existing citizenship applications and
those above the age of 18 who can no longer apply for citizenship by ‘registration’.