WANITA MCA has expressed concern for the Constitution (Amendment) Bill, which was recently passed in the Dewan Rakyat that was aimed at addressing gender inequalities in Malaysia’s citizenship laws.
Its secretary-general Chan Quin Er said while the intention to allow Malaysian mothers the right to confer citizenship on their overseas-born children is commendable, the final version of the Bill included several concerning provisions that raise significant alarm.
“Initially, the amendments appear to be a step towards equality. They grant automatic citizenship to children born abroad to Malaysian mothers and lower the age limit for citizenship applications from 21 to 18, aligning with voting rights,” she noted.
“However, critical gaps remain. The removal of ‘permanent resident’ status from the eligibility criteria denies many children a path to citizenship.
“This perpetuates marginalisation for families who were not only born and bred in this country but have long contributed to Malaysian society.”
According to Chan the Bill fails to apply retroactively, leaving earlier-born children in a state of inequality, with the introduction of a mandatory oath of allegiance for children born aboard adding unnecessary bureaucratic complexity that potentially hinders rather than helps.
“Furthermore, the Bill raises troubling concerns regarding foreign spouses who could face citizenship revocation if their marriage dissolves within two years, putting them in a vulnerable position,” she added.
Chan lamented that despite extensive stakeholder engagement prior to the Bill’s passage, key issues such as the exclusion of permanent residents and bureaucratic hurdles went unaddressed.
She said this oversight raises questions about the efficacy of consultations and whether they were merely a formality.
“As a member of the ruling coalition, I am disappointed at the lack of robust debate and criticism from liberal and progressive MPs on this Bill,” she stated.
“Their silence in the face of these critical issues is concerning. We must prioritise the needs of the most vulnerable, ensuring that reforms do not deepen existing inequalities.
“Moving forward, it is imperative for MPs, particularly those in the liberal faction, to acknowledge the impact of their decisions.
“While symbolic gestures toward gender equality are valuable, they must be accompanied by meaningful, inclusive policy changes that address the real-world implications of the legislation.”
The Constitution (Amendment) Bill 2024, which introduces significant changes to Malaysia’s citizenship laws, was unanimously passed in the Dewan Rakyat on Oct 17, exceeding the required two-thirds majority.
As an amendment to the Federal Constitution, the Bill required the support of two-thirds of MPs in the Dewan Rakyat to pass, meaning a minimum of 148 out of 222 MPs needed to vote in favour. However, a total of 206 MPs voted in support of the Bill.
Following the amendments, children born abroad to Malaysian women with foreign spouses would now qualify for automatic citizenship, as was already the case for children of Malaysian men. – Oct 21, 2024
