Suhakam welcomes automatic citizenship for children born overseas to Malaysian mothers, raises concerns over cut-off

KUCHING, Jan 11 — The Office of the Children’s Commissioner (OCC) under the Human Rights Commission of Malaysia (Suhakam) has welcomed Home Minister Datuk Seri Saifuddin Nasution Ismail’s announcement that children born overseas to Malaysian mothers will automatically obtain Malaysian citizenship by June or July this year.

Suhakam Chief Children’s Commissioner Dr Farah Nini Dusuki said the announcement follows the passage of the Federal Constitution (Amendment) Bill on citizenship provisions in October 2024.

“This marks a significant step forward in addressing long-standing inequalities affecting children’s right to nationality,” she said in a statement.

However, while welcoming the development, Dr Farah expressed disappointment that the amendment is non-retrospective.

She said children born before the implementation date must continue to be accorded Malaysian citizenship through registration under Article 15(2) of the Federal Constitution.

“No child should be disadvantaged due to delays in the law’s implementation,” she said.

The OCC also noted with appreciation the substantial reduction in the backlog of citizenship applications, from about 50,000 cases to fewer than 4,000 since the start of Saifuddin’s tenure in 2022, including cases raised by the OCC.

This, it said, reflects meaningful progress in administrative reform.

The OCC further noted that the amended Citizenship Regulations 1964 are expected to be implemented alongside the constitutional amendment.

In this regard, it urged that the revised regulations be made publicly accessible, procedures simplified, and clear standard operating procedures (SOPs) established to allow applicants to track their applications and receive written reasons for any rejection.

To ensure effective implementation, the OCC also called for a clear public communication strategy, including nationwide outreach and comprehensive training for front-line officers, particularly those stationed at Malaysian embassies and diplomatic missions abroad.

“The OCC remains committed to working with the government to ensure that no child is left without nationality, in accordance with the Federal Constitution and Malaysia’s international human rights obligations,” it added. — The Borneo Post