LFL calls out ‘sickening’ proposed amendments to citizenship law

KUALA LUMPUR – Along with proposed amendments to allow citizenship for overseas-born children to Malaysian mothers, are other “shocking” changes to the law that will worsen the problem of stateless persons, Lawyers for Liberty (LFL) said.

Zaid Malek, president of the legal rights advocacy group, said these amendments to the federal constitution were revealed yesterday to civil society organisations by the Home Ministry.

While welcoming the move to grant Malaysian mothers the right to confer citizenship on their foreign-born children, Zaid said the other “shocking and sickening” amendments proposed will see the removal of provisions protecting persons from becoming stateless.

“This government appears to be using the excuse of solving the issue of children born abroad to Malaysian mothers to bring in a series of dangerous, unjust, and cruel amendments. 

“These amendments will create a large new class of stateless persons. It will create a massive new problem and magnify the long unresolved issue of statelessness in Malaysia,” Zaid said in a statement.

He pointed out at least two controversial amendments being proposed:

Removal of Section 1(e) in the Second Schedule Part 2

The section in the constitution states that a person receives Malaysian citizenship by operation of law if they are born within the federation and are not born a citizen of any other country.

Zaid said this section was based on the principle of “jus soli” and removing it will be “the final nail on the coffin of the countless stateless persons in Malaysia”. It was also added to the constitution as protection for children from being rendered stateless after the constitution was amended in 1962 to include the requirement that one parent must be a citizen as well.

The section’s removal will affect those who are born and have lived in Malaysia for generations but are without proper documentation, and are hence denied a blue MyKad, he noted.

“To recklessly remove Section 1(e) now will cause untold suffering and render countless thousands into stateless persons. It is a massive step backwards, in breach of the basic human right of citizenship of persons born in this country who are not citizens of any other country. 

“The creation of a massive new class of stateless citizens will be economically and socially damaging to the nation as the stateless persons will be marginalised and unable to contribute to the nation. It is misguided, foolish, and horrendously cruel.”

Removal of Section 19B in the Second Schedule Part 3 that protects abandoned newborn children

This section states that such a child when found shall be presumed to have been born in Malaysia to a mother “permanently resident”, “until the contrary is shown”.

Zaid said removing this would leave abandoned babies to the mercy of the Home Ministry to decide on the child’s citizenship.

The removal also goes against the 2022 Federal Court judgment in CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian that recognised the rights of foundlings to citizenship, he added.

Zaid said there were several other problematic provisions the Home Ministry revealed yesterday, including the removal of the right to citizenship of children of permanent residents, which can render those children stateless at birth.

He said it was “shocking and devastating” that the unity government led by Pakatan Harapan (PH) in coalition with other parties would allow these amendments.

“They (PH) claimed to fight for reform and stateless persons while in opposition. These are undoubtedly the worst amendments to citizenship laws since Merdeka. Even the old BN (Barisan Nasional) government, which was regularly criticised by PH for being unjust, did not stoop so low. If these amendments are passed, it will be a black day for Parliament and the nation.”

In March, Home Minister Datuk Seri Saifuddin Nasution Ismail said the constitutional amendments to allow children born overseas to Malaysian women to be given citizenship would be tabled in Parliament in September.

Zaid called for the public to reject the proposed amendments ahead of their tabling. – The Vibes, June 24, 2023