PUTRAJAYA must seriously study and consider the impact and consequences of the proposed amendments to the citizenship laws before it is passed in parliament, constitutional lawyer and activist Ambiga Sreenevasan said.

The former Bar Council president said the government has to give reasons and justify the laws they intend to table, especially on something as devastating as taking away citizenship rights.

“On the citizenship amendments, they must at the very least engage and get feedback from civil society groups, the communities who will be affected and the Bar Council, before it is tabled.

“Especially when there is such tremendous pushback, not just from human rights groups but people working with the vulnerable groups, the Bar Council, lawmakers and academics,” she said.

Prime Minister Anwar Ibrahim had said the government would explain to backbenchers the proposed amendments to the citizenship law.

He said the Conference Of Rulers had declared a stance on the amendments.

“Any constitutional amendment on the issue of citizenship must be cleared with the Conference of Rulers.

“The rulers have taken a certain position and we will have to honour it. We need to explain this to the backbenchers,” he said.

Putrajaya had put forth the constitutional changes to solve citizenship problems plaguing overseas-born children of Malaysian women with foreign husbands.

Ambiga said the proposed amendments in the form they have informed civil society looks like a trade-off.

“The government cannot possibly hold one group of children and their rights hostage and ransom the another.

“Everyone knows that the first amendment allows children born overseas to Malaysian mothers rights to access citizenship, but the five major regressive amendments take away and deprive other groups of children their citizenships.”

She said if the proposed amendments to grant Malaysian women rights to confer citizenship on their overseas-born children are passed, it will mean a win for them.

“But, simultaneously, it will also mean despair for other families, parents or guardians and the children whose citizenships will be lost or stripped.

“If the proposed amendments fail, it will result in a status quo. Malaysian mothers will not be able to confer citizenship to their children born overseas, while the existing citizenship protections for other children remain.”

Ambiga said Putrajaya should just separate the good from the bad and table the one positive amendment as it promised.

“Drop the other regressive amendments altogether, assuming there are no changes to the proposed amendments.

“No one has seen the actual bill as I understand the minister intends to see the Attorney-General last for the drafting of the bill.”

She said lawmakers should ask for the first part to be tabled as they had all promised before the GE.  

“The second part, containing the regressive amendments, should go back to the drawing board for serious reconsideration.

“It cannot be the legacy of Prime Minister Anwar Ibrahim to take citizenship away from babies and children of the most vulnerable groups in Malaysia – the foundlings, abandoned children, orphans and adoptees without documents.”

Ambiga added that the government should amend policies or guidelines in dealing with outstanding citizenship applications.

“The government should resolve all 100,000 applications instead of amending the constitution increasing even more applications, by giving citizenship already conferred by operation of law.”

The Home Affairs’ Ministry has approved 11,000 citizenship applications but there remains a significant backlog of over 100,000 applications. –  November 22, 2023.