The three major coalitions contesting the 15th general election (GE15) have all included the matter of citizenship rights for overseas-born children of Malaysian mothers and foreign fathers in their manifestos.
BN and Pakatan Harapan both pledged to amend the Federal Constitution, while Perikatan Nasional (PN) promised it would finalise a study on proposed amendments.
However, this has inadvertently put the spotlight on why the BN and PN governments did not act on the matter sooner.
Incumbent Batu Kawan MP Kasthuri Patto tweeted last night that the BN-PN government said in November 2021 that it would set up a special committee to study constitutional amendments and report it to the Council of Rulers within six months.
“It’s almost one year now. Where is the study? What is the outcome?” she asked.
In September 2021, the High Court ruled that Malaysian mothers have the same right as Malaysian fathers with foreign spouses to pass down Malaysian citizenship to their children.
However, the government appealed the decision, with Home Minister Hamzah Zainudin saying it was meant to buy time for the government to amend the Federal Constitution to solidify this right.
In November of that year, the government said it was planning to brief the Conference of Rulers on the matter, as their consent was needed on any amendments regarding citizenship.
Fast forward to August 2022, the Court of Appeal overturned the High Court ruling – citing wording in the Federal Constitution, which had yet to be amended.
At this point, the government’s reasoning for why it has not amended the Constitution was it wanted to wait for the Federal Court to decide on the matter, to avoid any decision by the government being rendered “useless”.
This is despite some ministers and lawmakers from government and opposition parties voicing their support to give mothers with foreign spouses the right to pass down citizenship.
Desperate grab for votes
For Permatang Pauh incumbent MP Nurul Izzah Anwar, who was among 17 MPs whose private members’ bills to push for the amendment were rejected – this looks like a desperate grab for votes.
“For PN and BN to offer this belated pledge during elections flies in the face of the women and children who have been fighting for their rights for years – only to be ignored.
“Its inclusion in the manifesto is merely a desperate grab to draw votes from Malaysian families they have allowed to suffer for years,” the PKR vice-president told Malaysiakini.
Outgoing Klang MP Charles Santiago shared similar sentiments.
“Classic wayang kulit. The pleas and anguish of Malaysian mums with foreign-born kids fell on deaf ears before the election was announced.
“While I am happy with the shift in policy, I am concerned about the motivation behind it. How do we know it’s not a ploy to grab votes?” he asked in a statement.
The DAP politician added that BN chairperson Ahmad Zahid Hamidi – who read out BN’s manifesto last night – should not give false hope to affected mothers.
He also questioned if BN had plans for stateless children born in Malaysia.
The Harapan manifesto has a broader citizenship pledge, guaranteeing citizenship to any child of at least one Malaysian parent, regardless of where they are born.
Adopted children will also get automatic citizenship under the Harapan plan. – Malaysiakini