DECEMBER 7 — DHRRA Malaysia congratulates the Madani government and the Ministry of Home Affairs on the successful passage of the Citizenship Bill at the Dewan Negara. This landmark legislation addresses a critical issue of gender inequality, ensuring that Malaysian women whose children are born overseas can now secure citizenship for their children. Although the bill is not retroactive, we are encouraged by the government’s commitment to resolving cases involving children born before this amendment. This represents a significant step towards inclusivity and equality.
We remain deeply concerned about the impact of three additional regressive amendments that were passed alongside the bill. However, we extend our gratitude to the Parliamentarians in both the Lower House and Senate who have responsibly voiced their concerns and advocated for essential safeguards to address these amendments and the standard operating procedures (SOPs), which often operate without parliamentary oversight.
We also recognise the Home Ministry’s efforts in offering improved solutions to some of the concerns, particularly in managing the gaps surrounding this controversial bill.
1. Children of permanent residents (PR) will now be issued with PR
During the Dewan Negara second and third reading, the Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah, has pledged to grant PR status to children born to PR holders. While we commend this progressive step for enabling better access to basic rights, it risks perpetuating two generations of statelessness if not adequately addressed. Furthermore, this solution remains a remedy through standard operating procedures (SOPs) and lacks constitutional safeguards. We strongly hope it will be gazetted in the Manual of Procedures for Citizenship offices to ensure consistency and prevent changes at the discretion of different administrations. This commitment, first announced during the Dewan Negara debate, reflects the government’s responsiveness to public concerns.1
We also express our gratitude to the government for recognising the existence of stateless PR holders and for providing vital statistics to illustrate the current numbers of PR holders who are foreigners or stateless. This acknowledgment marks an important step toward addressing the issue comprehensively.
2. Age reduction provision from 21 to 18 years
The government has committed to introducing a new Standard Operating Procedure (SOP) to address the age reduction provision which includes ensuring 15A and 19(1) applications are processed within 1 year. It appears that children who age out of the Article 15A pathway (those 18 and above) will now have an opportunity to pursue citizenship through the naturalisation process 19(1), a pathway that was previously restricted.2
In a related development, a new SOP introduced this year provides a pathway for previously stateless individuals holding MyKAS (Green IC), often issued to those whose parentage could not be traced, such as foundlings and abandoned children. Previously, these individuals had no clear route to citizenship. Under the new SOP, those who have held MyKAS for more than 10 years can now convert their cards to a Permanent Residency (PR) Status.
While this is a positive improvement to the process and has the potential to transform thousands of lives and their futures, it may not necessarily ensure fairness for all stateless affected individuals.
For instance, a 35-year-old MyKAS holder will still be required under the new policy to hold the MyKAS for over 10 years before becoming eligible to apply for a PR card. Once granted PR status, they would then need to wait an additional 12 years to apply for citizenship through naturalisation, as stipulated by the Federal Constitution.
We urge the government to reconsider this SOP, especially for individuals who have endured decades of waiting just to obtain a MyKAS, spending their entire lives without a clear pathway to citizenship. We believe the government can approach these cases with greater empathy, particularly when citizenship has been granted to footballers through naturalisation in as little as four years. This discrepancy highlights the need for a more equitable approach to addressing statelessness.
3. Revocation of citizenship for foreign spouses
The proposed provision allows for the revocation of citizenship for foreign spouses who divorce within two years of marriage. However, the government has clarified that foreign wives cannot obtain citizenship within this period, as they must first hold a five-year spouse visa. Furthermore, the government has assured that no citizenship will be revoked without careful consideration of the risk of statelessness. The decision will depend on complaints lodged by relevant parties, and an investigation task force will be established to oversee such cases.3
Effectively tackling statelessness in the country requires recognition and quantification. While the available data remains incomplete, we commend the government for taking this crucial first step in sharing some of the data and achieving the highest citizenship approval rate to date, offering hope to Malaysian children who have endured years of statelessness.
a) In October 2024, the Home Minister reported that there are currently 40,000 stateless individuals born in Malaysia who hold Permanent Resident (PR) status. Of these, 10,000 have active citizenship applications, with outcomes expected within the next six months.4
b) As of May 31, 2024, the population statistics of Malaysia holding the Temporary Resident Identification Card (MyKAS) are as follows, broken down by age, gender, and ethnicity: Male: 2,323, Female: 1,779. In terms of ethnicity, Malay: 146, Chinese: 34, Indian: 90, Sabah: 237, Sarawak: 270, and Others: 3,325.5
The Citizenship Bill passed through the Dewan Rakyat with a unanimous vote on October 17, 2024, and was approved in the Dewan Negara on December 4, 2024. The next step in the process is its submission to the Yang di-Pertuan Agong for royal assent. Once approved, the bill will be gazetted and officially come into effect. While we hope for the swift implementation of the amendments benefiting Malaysian mothers, we remain deeply concerned about the potential impact of regressive amendments, particularly on stateless children. Many locally-born children including children of orang asal/asli, especially those from rural areas or families with limited literacy, could face vulnerabilities, due to late birth registrations or unregistered marriages within their families.
DHRRA Malaysia calls on all stakeholders to raise awareness of these changes and to foster public understanding of the risks they pose. It is essential to protect vulnerable and stateless children from the adverse consequences of these amendments and to ensure that no child is left behind. We remain committed to advocating for comprehensive reforms that uphold the rights and dignity of all individuals in Malaysia.
While concerns over regressive amendments remain, we are hopeful that the system will prioritise the rights of all stateless children, regardless of their religion, ethnicity, or socioeconomic status. DHRRA extends its sincere gratitude to the government, Home Ministry and Home Minister, YB Dato’ Seri Saifuddin for their engagement and consultations with us.
1. Pg39 Hansard; Mesyuarat Ketiga, Penggal Ketiga Parlimen Kelima Belas 2024
2 Pg 35, Pg 136, Pg144, Hansard ; Mesyuarat Ketiga, Penggal Ketiga Parlimen Kelima Belas 2024
3 Pg 138, Hansard; Mesyuarat Ketiga, Penggal Ketiga Parlimen Kelima Belas 2024
4 KDN to focus on resolving citizenship status of permanent residents, October 16 2024
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
