PUTRAJAYA’s proposed amendments on citizenship are cruel, unjustifiable, punishes orphans, children and stateless Malaysians, a rights group said. 

Lawyers for Liberty director Zaid Malek said Putrajaya is stooping lower than past Barisan Nasional (BN) governments in their plan to amend citizenship laws.

While the LFL agrees with the amendment which allows mothers to confer citizenship on their children born overseas, Zaid said it was shocked and sickened by some of the other controversial amendments being proposed by the unity government.

“These dangerous and retrograde amendments include entirely removing section 1(e) of 2nd Schedule Part 2 of the Constitution which protects persons from becoming stateless. 

“This amendment will be the final nail on the coffin of countless stateless persons in Malaysia. This includes children and those who are born and have lived in Malaysia for generations but are without proper documentation, and are hence denied a blue MyKad,” Zaid said in a statement today. 

The lawyer said the government appears ignorant or unconcerned with the crucial need for section 1(e).

“The original 1957 Constitution granted citizenship to anyone born on Malaysian soil under the principle of ‘jus soli’. However in 1962, the constitution was amended to include the requirement that one parent must be a citizen as well. 

“To prevent the danger of persons being rendered stateless due to this new requirement, section 1(e) was introduced into the constitution. 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,” he said. 

Zaid said the creation of a huge new class of stateless citizens will be economically and socially damaging to the nation as these stateless persons will be marginalised and unable to contribute to the nation. 

“It is misguided, foolish and horrendously cruel,” he added. 

The LFL director also said to make matters worse, section 19B 2nd Schedule Part 3 is to be amended to remove the right of foundlings, being abandoned children or orphans, to citizenship. 

Instead, foundlings will be at the mercy of the Home Ministry to grant citizenship, he said. 

“It is clear that this amendment is to nullify the forward-thinking and progressive decision of Chief Justice Tengku Maimun in the case CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia [2022] 1 MLJ 71 which recognised the rights of foundlings to citizenship and rebuked the National Registration Department.”

Zaid said there are several other problematic provisions including removal of the right to citizenship of children of permanent residents which can render those children stateless at birth.

“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,” he said. 

Zaid said it was shocking and devastating that the PH political coalition which claimed to fight for reform and stateless persons while in the opposition is now responsible as the government of the day for these unacceptable and unjustifiable amendments. 

“These are undoubtedly the worst amendments to citizenship laws since Merdeka. Even the old BN 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.

“We urge the people, civil society and the opposition to strongly protest against these amendments. We urge the government to withdraw and scrap these pernicious amendments,” he said. –  June 24, 2023.