KUALA LUMPUR: A non-governmental organisation is urging the government to ensure that the constitutional amendment recognising Malaysian mothers' right to grant citizenship to their children born abroad is applied retroactively.
Association of Family Support and Welfare Selangor and Kuala Lumpur (Family Frontiers) Suriani Kempe today said although the proposed amendment was welcomed by many, it failed to address past injustices.
"While the proposed amendment in the Constitution (Amendment) Bill 2024, which includes 'mother' in Sections (1)(b) and (1)(c) of Part II of the Second Schedule of the federal constitution, is a step in the right direction, the amendment isn't retroactive.
"The amendment, as it stands, does not apply to children born before it is enacted, leaving many children of Malaysian mothers stateless."
She said this at the 'PindaPerkara14UntukIbu' news conference at the Kuala Lumpur and Selangor Chinese Assembly Hall.
Suriani said the situation affected mothers whose children's citizenship applications under Article 15(2) were still pending, particularly those overseas who could not resubmit new applications and those facing obstacles in applying for citizenship.
She said those overseas included divorced or widowed Malaysian women with children desperately seeking to return home.
"The amendment also excludes children over 21 and those whose Malaysian mothers have died.
"Countries like Algeria, Egypt, Kenya, Madagascar, Morocco, Sri Lanka, and Iran have retroactively implemented similar amendments, and Malaysia must follow suit."
Also, she said, many citizenship applications had been rejected without reason, despite assurances from the home minister that rejection letters would include grounds for denial.
"According to data we have collected from our network of mothers, the majority of those rejected are residing overseas.
"Of the 40 rejected applications, 34 were from mothers living abroad, constituting 85 per cent of our data set, and they face greater difficulties in submitting new applications in Putrajaya.
"In some families, one child's application is approved while another's is denied, highlighting the inefficiency of the process.
"This situation is distressing for the families."
Previously, Home Minister Datuk Seri Saifuddin Nasution Ismail said applicants for citizenship would be provided with explanations in the event their applications were rejected. (link: https://www.nst.com.my/news/nation/2024/03/1030398/malaysian-citizenship... )
He said this response to complaints that applications had been denied without adequate explanation.