KUALA LUMPUR – The Constitution (Amendment) Bill 2024 received overwhelming support from both sides of the aisle, securing approval in the Dewan Rakyat today with 206 votes, thereby achieving the required two-thirds majority.
Dewan Rakyat Speaker Datuk Johari Abdul reported that only one MP voted against the bill, while 14 were absent. He noted that Wan Ahmad Fayhsal (Machang – PN) was unable to cast his vote due to suspension.
Among others, the bill aims to amend Part II of the Second Schedule of the Federal Constitution, granting Malaysian mothers with foreign spouses the automatic right to confer citizenship on their children born abroad.
Originally tabled for its first reading on March 25, the Home Ministry presented the bill for its second reading just two days later, prior to the adjournment of the Dewan Rakyat.
In his concluding remarks earlier today, Home Minister Saifuddin Nasution Ismail revealed that 70 MPs participated in the debates surrounding the bill.
During the debates, MPs overwhelmingly expressed support for the bill, but the lawmakers also questioned the Home Minister over various issues, particularly statelessness and the non-retrospective nature of the law.
Addressing these concerns, Saifuddin also noted that several MPs highlighted issues regarding Bahasa Malaysia requirements for foreign wives and children in the amendments, particularly on the meaning behind ‘demonstrating sufficient knowledge’ of the language.
Saifuddin suggested that the government is taking a flexible approach to this matter, taking into account the fact some older applicants, particularly those born before independence or the formation of Malaysia, may have a tough time with the requirements.
“I met a 90-year-old applicant in Perak, who couldn’t understand my questions.
“I was made to understand she wanted to apply to get welfare benefits.
“So we showed her pictures of the Petronas KLCC twin towers and Malaysian food. She understood and was able to respond to our queries then.
“So the requirements in such situations would not be strict compared to let’s say applicants who are 40 or 50 years old,” Saifuddin explained.
Meanwhile, touching on amendments to disallow automatic citizenship for children whose parents are red identity card (IC) holders, Saifuddin told parliamentarians to understand that there are two types of permanent residents in the country – those who were born in the country before independence and the formation of Malaysia and those who are still foreign citizens.
According to Saifuddin, in other countries, children of foreign permanent resident holders usually do not have the automatic right to citizenship even if they are born in the country where they made the application, as they adopt the nationality of their parents.
Therefore, the new amendments would allow such children to apply for Malaysian citizenship if they are interested, instead of obtaining it by operation of law.
“For those permanent residents who are born in Malaysia, there are about 10,000 applications for citizenship.
“We at the Home Ministry pledge to decide on these applications within six months from now.
“If their applications are successful, their children become Malaysian by operation of law,” Saifuddin said.
On concerns that the amendments affecting permanent residents would detriment the Orang Asli community and Borneo natives in Sabah and Sarawak, Saifuddin reminded the Dewan Rakyat that the Federal Constitution interprets these communities as Malaysian by operation of law.
Another area of contention, Saifuddin noted, was provisions related to the termination of citizenship for foreign wives married to Malaysian men.
According to the bill, foreign wives can have their citizenship terminated if their marriages dissolve within two years after obtaining citizenship.
However, Saifuddin mentioned that this could only apply in the event that the spouse still maintains her initial citizenship, as the Federal Constitution prevents termination of citizenship if it would make the individual stateless.
“What’s the rationale behind this? According to Home Ministry records, there are situations where the foreign wife is 21 years old but the husband is 78.
“They divorce right after getting citizenship. This is what we call marriage of convenience and we need to keep this in check,” Saifuddin added.
Earlier, Saifuddin also touched on a pledge made by the Home Ministry to settle 17,000 citizenship applicants by year-end, pointing out that as of date, he has already decided on 19,300 applications.
To date, Saifuddin said, the ministry received 32,153 applications which he pledged to complete by October next year. – October 17, 2024