KUCHING: Independent think tank Galen Centre for Health and Social Policy has raised concerns about the unintended consequences of the recent federal constitution amendments, though expressing its support for granting mothers the right to pass citizenship to children born overseas,
Galen Centre chief executive Azrul Mohd Khalib warned that the amendments may lead to a new wave of stateless children born to permanent residents (PR), limiting their access to healthcare and increasing existing health disparities.
“Many affected PRs are not ‘foreigners’ but individuals with deep roots in Malaysia, including indigenous communities like the Orang Asli and Orang Asal, as well as generations of people of Chinese and Indian descent,” Azrul said.
“These individuals, born to parents who have lived in Malaysia their entire lives, do not possess claims to any other citizenship. Yet, the amendments now remove automatic citizenship by law for their children, replacing it with a burdensome application process with no opportunity for court intervention.”
He said the changes deprive future children born to PRs of automatic citizenship, compounding the challenges faced by marginalised communities.
Azrul also pointed out the tragic irony: “The mothers who fought for the right to pass citizenship to their children born abroad will find their own grandchildren denied that same right under these new amendments. Heartbreakingly, these children will remain stateless.”
He stressed that stateless individuals are often denied essential protections and services such as education, leaving them vulnerable to exploitation and further marginalisation.
Azrul criticised Parliament for unanimously supporting all provisions of the amendments, including what he described as regressive measures.
“Why would we classify hundreds or thousands of newborns, infants, and adolescents from communities like the Orang Asli, Orang Asal, and persons of Indian origin as stateless? How is it just that these children, born and raised in Malaysia, now face a lifetime of naturalisation hurdles under Article 19(1)?” he questioned.
He praised the current Home Minister’s efforts to address the citizenship backlog but warned that the system cannot rely solely on the goodwill of one individual.
“While progress has been made, the commitment to justice must extend beyond any one minister’s tenure,” he said.
Azrul cautioned that the amendments, instead of resolving national security concerns, could deepen the health and social vulnerabilities of marginalised groups.
The Dewan Rakyat passed the constitutional amendments on Oct 17, granting automatic citizenship to children born overseas to Malaysian mothers married to foreign spouses.
Other amendments included lowering the age limit for citizenship applications from 21 to 18, aligning with Malaysia’s voting age, and standardising the definition of “child” under the Child Act 2001 and the Age of Majority Act 1971.
Azrul argued that lawmakers should address the unintended consequences of the amendments to prevent further marginalisation and health insecurity among Malaysia’s vulnerable communities.
