Family Frontiers and the Malaysian Mothers’ Network welcome the initiative by Home Minister Saifuddin Nasution Ismail to expedite the amendments to citizenship provisions in the Federal Constitution, one of them being to grant Malaysian mothers the equal right to confer citizenship on their overseas-born children, on a similar basis as Malaysian men.
It is encouraging to see the government prioritise the rights of Malaysian women and their overseas-born non-citizen children, a move that is long overdue and reflects the government’s commendable commitment to gender equality.
However, amid the celebration of this positive move, a pressing concern looms regarding the potential entanglement of these progressive changes with the regressive amendments that have encountered significant opposition from stakeholders and the public.
According to the minister’s speech during the winding-up session of the PKR annual national congress, the proposed amendments have gone through the discussion stage in cabinet and approval has been obtained from the Conference of Rulers.
Currently, the wording used in the bill is being fine-tuned. The next step will be to table the amendments in Parliament at both the House of Representatives and Senate levels.
Nevertheless, the lack of clarity regarding the separation of these amendments from the controversial amendments, which do not positively address statelessness, raises legitimate concerns about the overall impact on citizenship provisions and the potential ramifications for vulnerable populations.
The impacted Malaysian women and their overseas-born children have had their suffering prolonged enough, subjecting them to harmful and precarious situations such as the burden of an uncertain future, the children’s lack of access to fundamental rights such as education and affordable health care, potential family separation, additional financial costs, and much more.
Within our network, there are also mothers grappling with the statelessness of their children due to this unjust law. Thus, it is imperative that the government provides a timeline for the tabling of the citizenship amendments in Parliament and make sure they abide by it.
Lived experiences of Malaysian mothers
Aini, an impacted Malaysian mother, struggles to pay high therapy fees for both of her special needs children, one of whom holds a ‘non-citizen’ status.
Due to her daughter’s lack of Malaysian citizenship, Aini is unable to access affordable healthcare for her overseas-born child as her daughter is ineligible for an OKU card.
She pays a much higher rate for her non-citizen child compared to her eldest child who is a Malaysian.
As they both require therapy, she found the cost of the sessions to be increasingly unaffordable, especially due to the economic challenges during the Covid-19 pandemic. Alas, she had to make the difficult decision to remove her younger child from therapy due to these circumstances.
Li Li is a Malaysian mother hailing from Johor Bahru. She is currently single-handedly raising her non-Malaysian child in Italy. Li Li had to deliver her child overseas in 2017 due to fear of miscarriage that she experienced with her first pregnancy.
Having gone through a divorce, Li Li says she is left with no support system in Italy and is hoping to return to Malaysia where she can raise her child with the support of her family in Johor Bahru.
However, as a single mother, she is constantly faced with the uncertainty that her child would have to struggle as a non-citizen in Malaysia without equal access to fundamental rights.
While we appreciate that the government has committed to this specific amendment, we are deeply concerned as to whether or not it has been decoupled from the additional amendments to other citizenship provisions.
The government bears a solemn duty to safeguard the well-being of our nation’s children, irrespective of their situation at birth. Childhood statelessness is a grave concern that demands urgent attention.
As we celebrate the impending realisation of equal citizenship rights for Malaysian mothers, let us not forget the broader obligation to shield all children from the shadow of statelessness.
The government must prioritise the recall of regressive amendments to ensure a fair and just society for every child in Malaysia. It is imperative that we stand united in our commitment to building a nation where no child is left vulnerable and without the protection of citizenship.
In conclusion, we fervently call upon the Madani Government to uphold the spirit of progress by swiftly implementing the amendment to Sections 1(b) and 1(c) under Part II, Second Schedule of the Constitution to grant citizenship by operation of law to children born overseas to Malaysian mothers without further delay.
This momentous victory should not be overshadowed by the looming threat of regressive changes that may exacerbate statelessness in Malaysia.
We implore the government to demonstrate its unwavering commitment to justice, fairness, and protection for all children within our borders. - Mkini
FAMILY FRONTIERS (The Association of Family Support & Welfare Selangor & KL is a registered entity established with the aim of strengthening the family unit so that no family is left behind.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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