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21 February 2023
KUALA LUMPUR (19 FEBRUARY 2023) –The Human Rights Commission of Malaysia (SUHAKAM) welcomes the Government’s decision to amend the Federal Constitution to enable a child born abroad by a Malaysian mother with a non-Malaysian spouse be granted citizenship by operation of law, as jointly announced by the Minister of Home Affairs and the Minister in the Prime Minister’s Department (Law and Institutional Reform).
This signifies an important step in fulfilling the rights of children and women in Malaysia in accordance with the country’s obligations as a party to the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. With the proposed amendment, the government has taken a positive step toward ensuring the human rights of every Malaysian, regardless of gender or place of birth, are recognized and protected.
Based on the previous Minister’s statement, there were 2352 citizenship applications received between 2018 and 2021 from Malaysian mothers for their children. The issue of statelessness has caused the children to face many hardships, such as limited access to basic services including education and healthcare. The affected families also suffered great emotional distress and social stigma.
SUHAKAM urges the Government to also address other statelessness issues involving adopted and foundling children in Malaysia, Orang Asli, natives of Sabah and Sarawak, children born out of wedlock or unregistered marriages, undocumented persons, and others. In 2022, SUHAKAM has received 138 complaints involving statelessness issues.
SUHAKAM deeply appreciates the Government’s commitment to upholding human rights and social justice in Malaysia and is ready to work together to ensure that this new decision is implemented effectively.
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Prof. Dato’ Dr. Rahmat Mohamad
Chairman
Human Rights Commission of Malaysia (SUHAKAM)
19 February 2023