KUALA LUMPUR: The Attorney-General’s Chambers (AGC) is currently in the process of drafting proposed amendments to the Federal Constitution that would impact the citizenship rights of children born abroad as a result of the marriage of a Malaysian woman to a foreign spouse.
According to Home Minister Datuk Seri Saifuddin Nasution Ismail (pic), the primary amendment being considered is to amend Article 14(1)(b) to include the word ‘mother’, thereby enabling the child’s citizenship to be obtained by force of law.
Saifuddin Nasution explained that the initial intention was to include only one word, ‘mother’, but after seeking advice from the Conference of Rulers, it was suggested that there should be an element of control. This is because when a child is accepted as a citizen through this amendment, the child would also be considered a citizen according to the nationality of both the father and the mother, but the Constitution does not recognize dual citizenship.
“So what we have done is to amend the relevant clause by also adding another amendment which proposes that at 18, the child can choose one of the citizenships. The reason for choosing 18 is to maintain consistency with the Child Act 2001 and the Age of Majority Act 1971,” he said during a question and answer session at the Dewan Negara on Thursday (14th December).
He provided this response to a question from Senator Datuk Seri Zurainah Musa who was seeking detailed information on all the proposed amendments to the Federal Constitution related to citizenship rights that had been presented to the Conference of Rulers.
Saifuddin Nasution also added that, based on the advice of the Conference of Rulers, the application of the law is forward-looking and not retrospective.
“The amendment also includes a proposal so that its application is for one generation, which means, for example, in the case of Suriani Kempe, her child would automatically be a citizen according to the law, but her grandchild would have to apply for citizenship,” he said.
In a separate but related development, on the 14th of December, 2022, Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian mothers were given permission to proceed with their appeal against a ruling by the Court of Appeal that denied automatic citizenship to children born overseas to Malaysian mothers with foreign spouses.
On the 5th of August the previous year, the Court of Appeal, in a 2-1 majority decision, overturned a High Court ruling which had declared that children born overseas to Malaysian mothers with foreign spouses were entitled to automatic Malaysian citizenship.
Then, on the 9th of September, 2021, the High Court made a landmark decision by stating that Malaysian women should have the same right as Malaysian men, under the Federal Constitution, to automatically pass on citizenship to their children born overseas.- Bernama
