KUALA LUMPUR: The Cabinet had agreed to amend the Federal Constitution, allowing children born to Malaysian mothers overseas to obtain Malaysian citizenship automatically.
In a joint statement dated Feb 17, Home Minister Datuk Seri Saifuddin Nasution Ismail, and Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said announced the government's decision on the matter.
The duo said the proposed amendment is expected to be tabled during the current session of the Dewan Rakyat, after completing all legal procedures.
Currently, the Federal Constitution only recognises citizenship through fathers, which means that children born to Malaysian mothers outside of the country cannot obtain Malaysian citizenship automatically.
According to the joint statement, the proposed revision to the Federal Constitution seeks to replace the phrase "whose father" in Part I and Part II of the Second Schedule with the phrase "at least one of the parents."
"The effect of the decision is that children born abroad before or after Malaysia Day where at least one of their parents is Malaysian have the right to be citizens by operation of law according to Article 14(1) of the Federal Constitution."
Saifuddin and Azalina said the amendment would enable Malaysian mothers to receive their just rights according to the Federal Constitution.
Meanwhile, the ministers said additional revisions to citizenship laws will be examined in greater detail by a committee formed by the Home Ministry.
"The Cabinet will be presented with other proposed amendments after conducting discussions with relevant stakeholders.
"This is in line with the unity government's commitment to recognise equality for women and men, and to remove discrimination against women in Malaysia," they said.
The ministers further stated that these amendments were proposed to address the limitations in citizenship provisions and to solve the significant number of pending applications from Malaysian women who had to go through extensive registration procedures to apply for their children's citizenship.
"We also hope the proposed amendments will provide a clear definition of the law and prevent differing definitions or interpretations in the courts."
In August 2022, the court of appeal ruled that children born abroad Malaysian women were not eligible for automatic citizenship since the Federal Constitution only granted citizenship through fathers.
The appellate court in a 2-1 ruling favouring the government, stated that children born overseas to Malaysian mothers could be denied citizenship since the word "father" in Article 14(1)(b) of the Federal Constitution, and its related clauses in the Second Schedule, is "clear and unambiguous" and cannot be perceived to include mothers.
The ruling overturned a September 2021 decision by the Kuala Lumpur High Court that the government must grant citizenship to children born outside of Malaysia to Malaysian mothers as the word "father" in the Second Schedule of the constitution should be read to include mothers and that their children are entitled to citizenship by operation of the law.
The decision was made by Justice Datuk Akhtar Tahir, in the case brought by Malaysian mothers whose children were born overseas and unable to get citizenship here.