KUALA LUMPUR, July 12 — In March 2024, the government tabled proposed constitutional amendments aimed, among others, at addressing statelessness among children of Malaysians and permanent residents, but which would have removed the automatic right to citizenship for those eligible.

Although the government later withdrew the proposal due to the uproar and tabled a new version without the controversial change, the amendments will still have significant effects on Malaysia’s stateless children and foundlings

Where is the Bill now?

The Constitution (Amendment) Bill 2024 was tabled for the first reading on March 25 and is scheduled for its second reading in the current parliamentary meeting, but changes to its position in the order paper puts its appearance in doubt.

What do the changes include?

One proposed amendment will add the requirement of adequate Malay language knowledge on a foreign woman married to a Malaysian, as part of her application for citizenship, which the Home Ministry said is consistent with the Federal Constitution.

Home Minister Datuk Seri Saifuddin Nasution Ismail said proficiency tests would include written tests and direct interviews.

Another amendment to Article 15A will bring the age limit for citizenship applications down from 21 years’ old to 18, ostensibly to be consistent with the lowered voting age as well as definition of a minor in the Child Act 2001.

However, this effectively removes three years from the available time for a stateless child to apply for citizenship, in a process that already takes years to complete.

The new limit would also apply for those who previously obtained citizenship by law, requiring them to take their oath of citizenship before turning 18 in order to remain a Malaysian.

One major proposal is to automatically give citizenship to children born abroad to Malaysian women with foreign spouses, as was already the case for children of Malaysian men.

However, the proposed amendment will not be retroactive, denying children born abroad before its passage the automatic right to citizenship.

The amendment will remove “permanent residents” from among those whose children would gain citizenship from birth in Malaysia, and would instead require at least one parent to be Malaysian in order to be eligible.

Foreign women who became Malaysian through marriage would have this revoked if their marriage were to be dissolved within two years of them gaining citizenship, when the limit was previously two years from the date of marriage.

Critics contend the change could cause women to be trapped in abusive or violent marriages for fear of becoming stateless due to Malaysia’s prohibition of dual citizenship.

https://www.malaymail.com/news/malaysia/2024/07/12/malaysias-citizenship-law-amendments-what-it-does-and-why-it-matters/142827