Malaysia S Proposed Citizenship Law Amendments A Glimmer Of Hope For The Stateless
The government recently tabled amendments to the country’s citizenship law, which has been lauded and criticized.
The Constitution (Amendment) Bill 2024, first introduced in March, seeks to tackle the heart-wrenching issue of statelessness among children of Malaysians and permanent residents.
However, the path to citizenship remains rocky, as the amendments bring hope and disappointment for those affected.
A Step Towards Gender Equality, But Not Far Enough
One of the most significant changes proposed is the automatic granting of citizenship to children born abroad to Malaysian women with foreign spouses.
This right was previously reserved only for children of Malaysian men.
This long-overdue amendment is a step towards gender equality and has been celebrated by activists who have tirelessly fought for this cause.
However, the joy is tempered by the fact that the amendment will not be retroactive, leaving countless children born before its passage without the automatic right to call Malaysia their home.
Shamila Unnikrishnan is a Malaysian mother impacted by unequal citizenship laws.
Urge the government to only proceed with #PindaPerkara14Untuklbu retroactively and halt the regressive amendments. Tag @sainasution @anwaribrahim @AzalinaOthmanS and your MP.#SayaJugaAnakMalaysia pic.twitter.com/JwdIZRZMCt
— Family Frontiers #sayaJUGAanakMalaysia (@FamilyFrontiers) July 4, 2024
New Hurdles for Foreign Spouses
The amendments also introduce new requirements for foreign women married to Malaysians who wish to apply for citizenship.
Proficiency in Malay, tested through written exams and interviews, will now be a prerequisite.
While the government argues that this aligns with the Federal Constitution, critics worry that it may create additional barriers for those seeking to build a life in Malaysia.
Stateless Children of Permanent Residents Left in Limbo
For the stateless children of permanent residents, the amendments bring a cruel twist of fate.
The proposed changes will strip away the automatic citizenship rights of children born in Malaysia to permanent resident parents, requiring at least one parent to be a Malaysian citizen for the child to be eligible.
This move has left many families in limbo, uncertain about their children’s future, who have known only Malaysia as their home.
An insane state of affairs in Malaysia, where much of its indigenous Orang Asli population live without citizenship as “permanent residents” and looming constitutional changes could render their children forever stateless https://t.co/L3S6lk5Y3m
— Max Walden (@maxwalden_) March 27, 2024
The Clock is Ticking for Citizenship Applications
The amendments also change the age limit for citizenship applications, reducing it from 21 to 18.
While this aligns with the lowered voting age and the definition of a minor in the Child Act 2001, it effectively cuts short the already arduous process of obtaining citizenship for stateless children.
Moreover, those who have previously obtained citizenship by law will now need to take their oath of citizenship before turning 18 to maintain their Malaysian status, adding another layer of complexity to an already bureaucratic process.
Trapped in Abusive Marriages?
Foreign women who have gained Malaysian citizenship through marriage also face new challenges under the proposed amendments.
Their Malaysian status will be revoked if their marriage is dissolved within two years of obtaining citizenship.
This change from the previous two-year limit from the date of marriage has raised concerns about women being trapped in abusive or violent relationships, as Malaysia’s prohibition of dual citizenship leaves them vulnerable to becoming stateless.
The Road Ahead
As the Constitution (Amendment) Bill 2024 awaits its second reading in parliament, Malaysians from all walks of life grapple with its implications.
For the stateless, the amendments represent a bittersweet victory – a glimmer of hope tempered by the realization that the fight for their rights is far from over.
The man on the street may not feel the direct impact of these changes.
Still, the amendments are a reminder that the struggle for equality and inclusion is a collective responsibility that requires the compassion and understanding of every member of society.
The amendments, while imperfect, are a step towards addressing a long-standing injustice.
However, the road ahead remains long and winding, and it will take the concerted efforts of policymakers, activists, and ordinary citizens to ensure that no one is left behind in the quest for a place to call home.
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