'Every day a child is born to suffer,' group laments as new citizenship rules delayed

 

Almost two years after it was passed in the Dewan Rakyat, a constitutional amendment - which, among others, grants women equal rights to pass down citizenship - has yet to be enforced.

The Joint Action Group for Gender Equality (JAG) said that while Home Minister Saifuddin Nasution Ismail has made significant progress in processing citizenship applications, the delays in enforcing the amendments leave many families in limbo.

"With every passing day, another child is born to suffer the discriminatory effects of this unenforced law.

"To ensure that Malaysian women and their children no longer face similar uncertainties and delays, the passage of the amendment must now be accompanied by the timely implementation of the amendments," the group said in a statement yesterday.

The constitutional amendments aimed to resolve the inability of Malaysian women living abroad and married to non-Malaysians to pass down Malaysian citizenship to their children.

The amendments were passed in the Dewan Rakyat on Oct 17, 2024 and gazetted in March 2025.

Saifuddin (above) had initially said the new rules would come into force by June 1, but as of Sept 12, the minister said administrative matters required to facilitate the amendments were still being finalised.

He said a new implementation date, as determined by the Yang di-Pertuan Agong, would only be revealed once those administrative matters are implemented.

Delays have 'real-world impact'

JAG said the delays are having a real-world impact, such as in the case of a woman identified as "Melissa".

"Melissa” (pseudonym used to protect identity), who is due to give birth in a few months, must choose between undertaking a high-risk and financially burdensome journey in her third trimester to give birth in Malaysia, or deliver her baby abroad and depend on a long and cumbersome citizenship application process under Article 15(2).

"She is residing in a third country, and her non-Malaysian husband is also unable to pass on his citizenship to their child.

"Without access to a nationality, the child cannot obtain the necessary visas to remain in a foreign country, leaving the family in a deeply precarious situation," JAG said.

Malaysiakini has contacted Saifuddin's office for comment. - Mkini