Dear Prime Minister Anwar Ibrahim,
We write to you on behalf of Malaysian mothers living abroad who eagerly await the promised constitutional amendment to grant citizenship to their overseas-born children.
We welcome the government’s efforts to address long-standing issues relating to the citizenship of children born abroad to Malaysian mothers – through amendments in the Constitution (Amendment) Bill 2024 that include “mother” in Sections (1)(b) and (1)(c) of Part II of the Second Schedule of the Federal Constitution.
At the same time, we are, however, deeply concerned and disappointed that the amendment, as currently drafted, will exclude all Malaysian women whose children were born prior to the amendment being passed. In essence, those women who were promised equal rights to citizenship prior to the elections will remain disenfranchised.
Many of us in the Malaysian diaspora have been waiting years, even decades, for this change. We have faced numerous challenges and heartaches due to our children’s non-citizen status. Some of us have been unable to return home with our families, while others have struggled to secure basic rights for our children in Malaysia. The difficulties we have encountered in applying for citizenship have been overwhelming, with many applications rejected without explanation.
The proposed amendment will continue to affect mothers with children whose citizenship applications under Article 15(2) are yet to be processed. Among those overseas are divorced or widowed Malaysian women with children desperately seeking to return home.
The government’s amendment also excludes overseas-born children of Malaysian mothers who are now above 21 and are ineligible to apply for citizenship, including some whose mothers have passed away.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara, CIMB a/c 8004240948
- Make a regular pledge or periodic auto-donation to Aliran
- Become an Aliran member
This reinforces the importance of retroactivity in the amendment to Section 1(b) and 1(c) of Part II of the Second Schedule of the Federal Constitution. In short, the equality long anticipated by, and promised to, Malaysian women will not have been realised.
Prime minister, you recently made a promise at a diaspora dinner in Berlin that children born overseas to Malaysian mothers would receive citizenship. “It is done,” you said.
However, the current proposal does not fulfil this promise for children born before the amendment is gazetted. It is, in fact, far from “done”.
We implore you to reconsider and make this amendment retroactive. Countries like Algeria, Egypt, Kenya and Sri Lanka have successfully implemented retroactive citizenship laws for children of their female citizens. Malaysia should follow suit.
Furthermore, we kindly request that you consider easing the process for our foreign spouses to settle in Malaysia. Many of them are skilled and could contribute significantly to Malaysia’s growth and development. By making it easier for our families to relocate, you would be tapping into a valuable pool of talent and expertise that could help Malaysia.
Prime minister, the pain of separation and uncertainty has taken a toll on many Malaysian families abroad. We ask you to consider their plight and the immense positive impact that a retroactive amendment would have on their lives.
In the spirit of your “Madani” (civil and compassionate) government’s commitment to equality and justice, we urge you to ensure that the constitutional amendment is applied retroactively. This would not only fulfil your promise but also demonstrate Malaysia’s commitment to gender equality and family unity.
The delay of the constitutional amendment bill on citizenship laws to the next House of Representatives’ meeting in October leaves families, especially children born to Malaysian mothers overseas, in a continued state of uncertainty.
However, this delay must not be in vain. It offers a crucial chance to refer the bill to the parliamentary special select committee for further fine-tuning, ensuring the amendments craft a solution that honours the rights and futures of all Malaysian mothers and children.
We urge you to take decisive action to reunite Malaysian families and strengthen our nation’s diaspora connections. Our children, born of Malaysian blood and raised with love for our homeland, deserve to be recognised as full citizens, regardless of where and when they were born.
Sincerely, Global Bersih
On behalf of Malaysian mothers abroad
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
