What constitutional changes will grant automatic citizenship to children born abroad to Malaysian mothers?

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Constitutional Amendments to Grant Automatic Citizenship for Children Born Abroad to Malaysian Mothers

The Malaysian Cabinet has agreed to amend the Federal Constitution to grant automatic citizenship to children born abroad to Malaysian mothers. This significant change aims to rectify the current disparity where only children born overseas to Malaysian fathers automatically receive citizenship. The proposed amendment is slated to be tabled in the current Dewan Rakyat sitting, signifying a move towards gender equality in citizenship provisions.
Replacement of Discriminatory Wording

The core of the proposed constitutional amendment involves replacing specific wording within the Second Schedule of the Federal Constitution. Currently, provisions in Part I and Part II of the Second Schedule refer to citizenship by operation of law based on the father. The amendment seeks to replace the phrase "whose father" with "at least one of the parents." This alteration will ensure that a child born overseas to a Malaysian mother and a non-Malaysian father is recognised as a citizen by operation of law, mirroring the existing provision for children born to Malaysian fathers.
Addressing Long-Standing Dilemma and Disparity

This constitutional change directly addresses the protracted issue faced by Malaysian mothers whose children are born outside Malaysia. Under the existing framework, these children do not automatically acquire Malaysian citizenship and require registration, a process that has historically been lengthy, uncertain, and often unsuccessful. Between 2010 and October 2021, the Home Ministry reported 6,296 Article 15(2) applications from Malaysian mothers for their overseas-born children, with only 15.1 per cent of these applications being approved. The proposed amendment aims to eliminate this discriminatory practice and provide equal rights to Malaysian mothers.
Legal Challenges and Government Commitment

The move to amend the constitution follows a significant legal challenge launched in December 2020 by six Malaysian mothers and the advocacy group Family Frontiers. They contested the discriminatory nature of the current citizenship laws. While their initial success in the High Court was later overturned by the Court of Appeal, their case has been allowed to proceed to the Federal Court, highlighting the persistent legal battle for gender equality in citizenship. The Cabinet's decision underscores the unity government's commitment to recognising equality between men and women and removing gender discrimination within Malaysian laws.

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What constitutional changes will grant automatic citizenship to children born abroad to Malaysian mothers?

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