OCTOBER 13 — The passage of the Constitution (Amendment) Bill 2024 marks a historic milestone in ending decades of citizenship inequality for Malaysian women. Overwhelmingly passed by both houses of Parliament by December 2024, it received Royal Assent on March 7, 2025 and was officially gazetted on March 20, 2025. But as of today, the amendments remain inoperative, and the official implementation date is yet to be announced.

Meanwhile, this landmark legislative reform remains incomplete and hollow. Without its enforcement, Malaysian women continue to be denied equal citizenship rights, and are forced to bear the harm caused by this ongoing discrimination.

This harmful effect is particularly pronounced for pregnant Malaysian women living overseas. As long as the reform is not in effect, their children who are born abroad are not able to acquire Malaysian citizenship by operation of law.

“Melissa” (pseudonym used to protect identity), who is due to give birth in a few months, must choose between undertaking a high-risk, and financially burdensome journey in her third trimester to give birth in Malaysia, or deliver her baby abroad and depend on a long and cumbersome citizenship application process under Article 15(2). She is residing in a third country, and her non-Malaysian husband is also unable to pass on his citizenship to their child. Without access to a nationality, the child cannot obtain the necessary visas to remain in a foreign country, leaving the family in a deeply precarious situation. Although Parliament has passed reforms meant to address this, the relief the Amendment would provide remains out of reach.

For recently married Malaysian women like Tiana, who reside overseas with their non-Malaysian spouses, the delay in enforcement has created uncertainty about their ability to plan their future families. For Tiana, seeing her brother able to pass on Malaysian citizenship to his child born abroad without facing the same administrative barriers, highlights the unequal position Malaysian women continue to face. She is concerned that in the absence of clear and timely implementation, she may one day have to consider returning to Malaysia to give birth, potentially putting her own health and that of her unborn child at risk during the journey, in order to secure citizenship for her child. Tiana stresses that no Malaysian mother should be forced to choose between giving birth safely where they live and ensuring their child receives the Malaysian citizenship that is rightfully theirs.

Civil society organisations acknowledge the significant progress made by the Ministry of Home Affairs (KDN) and Home Minister Datuk Seri Saifuddin Nasution Ismail in processing pending citizenship applications, which has brought relief to many Malaysian families.

However, with every passing day, another child is born to suffer the discriminatory effects of this unenforced law. To ensure that Malaysian women and their children no longer face similar uncertainties and delays, the passage of the amendment must now be accompanied by the timely implementation of the Constitution (Amendment) Act 2025.

Parliament has fulfilled its legislative duty. It is now incumbent upon the Executive to enforce the law. It is the final, essential step to ensure that no newborn Anak Malaysia is left stateless or stranded in limbo by administrative delay.

Endorsed by the Joint Action Group for Gender Equality (JAG), specifically:

1. All Women’s Action Society (AWAM)

2. Association of Women Lawyers (AWL)

3. Justice for Sisters

4. KRYSS Network

5. Persatuan Kebajikan Sokongan Keluarga Selangor & KL (Family Frontiers) 6. Persatuan Kesedaran Komuniti Selangor (EMPOWER)

7. Persatuan Sahabat Wanita Selangor (PSWS)

8. Perak Women for Women Society (PWW)

9. Sarawak Women for Women Society (SWWS)

10. SIS Forum (Malaysia)

11. Tenaganita

12. Women’s Aid Organisation (WAO)

13. Women’s Centre for Change, Penang (WCC)

Endorsements from organisations & coalitions:

1. Alliance of River Three (ART!)

2. Aliran

3. Center to Combat Corruption and Cronyism (C4 Center)

4. Global Bersih

5. Hayat

6. JEJAKA

7. KL Queer Space

8. Life Under Umbrella

9. MANDIRI

10. National Council of Women’s Organisations Malaysia (NCWO)

11. North South Initiative

12. Martabat Untuk Semua Petaling Jaya

13. Persatuan Promosi Hak Asasi Manusia (PROHAM)

14. Reproductive Rights Advocacy Alliance Malaysia (RRAAM)

15. Saya Anak Bangsa Malaysia (SABM)

16. The OKU Rights Matter Project

17. Third World Network

18. Treat Every Environment Special (TrEES)

19. Yayasan Chow Kit

Endorsements from individuals:

1. Adrian Anthony Pereira

2. Amani Stevens

3. Amelia Karim Hermiteau

4. Amy Rachel Lai Oi Li

5. Andrew Khoo

6. Aniza Ismail

7. Ang Boon Yen

8. Asha Singh

9. Celine Lim

10. Chan Yoke Chin (Mimi)

11. Charlene Chan Huishan

12. Cheah Yuet Theng

13. Chen Yunn Shin

14. Chevonne Goh

15. Choong Yoke Ling

16. Dato’ Dr Amar-Singh HSS, Consultant Paediatrician, Child-Disability Activist 17. Deena Stevens

18. Devasuda Anblagan

19. Dimple Chhatbar

20. Gaithiri Siva

21. Hea Sing Ing

22. Hon Jia Xuan

23. Jane Kasim

24. Kamala Ernest

25. Karen Hau

26. Kennedy Michael

27. Khalisah Stevens

28. Josephine Phang Yi-Lin

29. Juliana Fritz

30. Lalitha Samiappan

31. Leela Panikkar

32. Leanne Majambun

33. Lee Jia Xin

34. Leila Louise Bt Amir Hussein Fitton

35. Mae Lee

36. Melinda Anne Sharlini

37. Melissa Chong Sook Lynn

38. Michelle Ong

39. Misha Samantha Pairin

40. Nicole Fong

41. Ngeow Chow Ying

42. Nur Afiqah Binti Mohd Adna

43. Padma Keval ram

44. Pamela Yeh

45. Por Heong Hong

46. Pravina Vanmali Kuverji

47. Prema Swea Choo Krishnamuthi

48. Ragasuta Sehgar

49. Rukhsana Rani

50. Sanggeet Mithra Manirajah

51. San Yuen Wah

52. Shamini Unnikrishnan

53. Sharon Khoo Mei-Ling

54. Shivani Unnikrishnan

55. Shobana Sivanendra

56. Sumitha Samiappan

57. Sunil Rendawa

58. Tan Chia Ee (Jernell)

59. Tee Li Li

60. Teh Poh Ai

61. Teresa Benedict Yasotha Vadiveloo

62. Tiffany Teo Li Lee

63. Thilagawaty Thura Selvam

64. Toh Nyon Nyin

65. Ummi Faustina binti Wafi Lim

66. Usha Sundaran

67. Wannie Thomas Grainger

68. Wei Sam Soo

69. Yow Ing Shyen

70. Yusof Stevens

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.