Kuala Lumpur, 17 October 2024 — The Galen Centre for Health and Social Policy commends the passage of the constitutional amendments giving Malaysian mothers equal right to pass on citizenship to their children born overseas. However, it is alarmed at the additional amendments, also passed, which will likely create new generations of stateless children whose parents are permanent residents. This group will potentially face numerous obstacles, including accessing healthcare. Statelessness is a public health issue and contributes to health inequity.

“Unlike what has often been claimed, many of the affected permanent residents are not “foreigners” but individuals who have a rightful claim to be recognised as Malaysians,” said Azrul Mohd Khalib, Chief Executive of the Galen Centre for Health & Social Policy.

“These PR include the many indigenous communities of Orang Asli and Orang Asal in Peninsular and East Malaysia, and generations of individuals of Chinese and Indian origin. They are people who were born to parents who have been permanently residing in Malaysia for all their lives. They do not possess any other claim to citizenship. These communities are among the most marginalised and vulnerable. Many of them are and will include infants and children.”

The citizenship by operation of law provision has been removed and children of permanent residents born in the country can only apply for citizenship by registration, with no possibility of court intervention.

“Under the constitutional amendments debated and just passed, not only are future generations of children born to permanent residents previously eligible for automatic citizenship now deprived of that right, the children of the mothers who struggled and fought for the right to Malaysian women to confer citizenship to their children born abroad will not be able to do so for their own children. The new amendments do not apply retroactively. Heartbreakingly, these children will also remain stateless.”

“Homegrown or local-born statelessness exists in Malaysia. It is a reality lived every day by thousands including Orang Asal. It is also a reality that they often live without birth registration and marriage certificates. Documents which many of us often take for granted,” Azrul pointed out. “The amendments appear to assume that eligible individuals will of course have such essential documentation.”

“The stateless are often bereft from fundamental protections, vulnerable to persecution, and deprived of access to basic services such as education. Despite the availability of universal healthcare in Malaysia, that access in real life is often conditional and subject to the ability of the individual to prove themselves eligible as citizens for subsidised care, or able to afford that care at much higher rates as non-citizens.”

For stateless individuals, any sickness or injury, even if minor, could be costly and even life-threatening.

“The stateless and their children would be paying foreigner fees at public healthcare facilities, paying out of their pockets for medical treatment. They would not be able to get health insurance.”

“Fear of persecution by the authorities will also keep them from seeking and accessing health care. They will face increased racism, discrimination and xenophobia.”

“For stateless individuals, any sickness or injury, even if minor, could be costly and even life-threatening. The fear of arrest, and high medical bills will cause those who are stateless or caring for such individuals to defer or avoid seeking treatment altogether. Public health suffers as those who are stateless will likely have poorer health outcomes.”

“This is not theoretical. The real life stories of statelessness were raised repeatedly  by Members of Parliament during the debate on the Bill yesterday and today, yet followed by their full-throated support for all the provisions including those deemed to be regressive.”

“Why would we want to deliberately classify hundreds or even thousands of newborns, infants, and adolescents from populations of Orang Asli, Orang Asal and persons of Indian origin, as stateless? How is it right that these people who were born, raised and lived all their lives in Malaysia now need to apply for naturalisation under Article 19(1)? Are they instead forever doomed to face a cycle of statelessness handed down from one generation to the next?” Azrul asked.

“The current Home Minister has shown exemplary dedication to his commitment to clear the backlog of citizenship applications. There has been much progress made in ensuring that those who were eligible, are recognised as citizens. He assured the Dewan Rakyat repeatedly of his commitment to not inflict suffering, be unjust, or leave any child behind. However, the system cannot solely depend on his individual good will and commitment to justice. What about the judgement of future Home Ministers after him?”

“Far from alleviating national security concerns, this constitutional amendment will potentially increase the size of this population living on the fringes of society and heighten Malaysia’s health security risk and vulnerabilities.”