FMT looks into why the issue of citizenship is a contentious one and what happens when people are allowed to fall between the cracks.
The letter of the law
The Federal Constitution allows anyone born to Malaysian parents to be granted citizenship. However, things get tricky for children of dual nationality parentage or who are born out of wedlock.
Someone born overseas can get Malaysian citizenship if the father is Malaysian, even if the man is deceased. If the mother is Malaysian but the father is a foreigner, the child is not automatically granted citizenship.
The reverse is true if a child is born out of wedlock or before the parents’ marriage is officially registered. In these cases, the child follows the citizenship of the mother.
This is because in Section 17, Part III of the Second Schedule of the Federal Constitution, the terms “parent” and “person’s father” for an illegitimate birth are interpreted as referring to the mother.
Why this is a problem
This means that despite potentially having no real life outside of the country, a person living in Malaysia without citizenship faces the same barriers that foreigners do.
People in this situation will need to regularly apply for student visas to attend school and may not be eligible for government aid. They will also face barriers when accessing healthcare at government facilities. They will not enjoy subsidies given to citizens.
Children, particularly those born out of wedlock, could end up stateless. With no other country to claim them and unable to get Malaysian citizenship, they exist in a state of limbo without access to many basic necessities.
Take Nalvin Dhillon, who has spoken to FMT. Without a passport or IC, he cannot set up a bank account or get a driver’s licence, and he opts to self-medicate where possible to avoid registration fees of more than RM100 at government hospitals.
What people think
Critics have pointed to the laws being discriminatory since mothers and fathers are not treated equally.
The law also makes it difficult for overseas Malaysian women to leave their foreign husbands as their children are not entitled to citizenship in their homeland.
Former deputy women, family and community development minister Hannah Yeoh said late last year that any child born to, or adopted by, a Malaysian should have the right to citizenship, regardless of his or her parent’s marital status or gender.
In an interview last month, former law minister Azalina Othman Said described the law as “not fair”.
“It’s like saying women have no brains when they decide to marry foreigners and have children. Come on, it’s 2021. Personally, I just don’t understand the logic behind it,” she said.
Six mothers and a group called Family Frontiers have filed papers at the High Court seeking a declaration that several provisions in the Constitution relating to citizenship are invalid as they discriminate against women.