OCTOBER 24 ― The Human Rights Commission of Malaysia (Suhakam) welcomes the government’s effort to propose amendments to the Federal Constitution on matters relating to citizenship, which are soon to be presented to the Conference of Rulers.

Suhakam commends the proposed progressive amendments to the entire Part III of the Federal Constitution, together with the First Schedule and the Second Schedule of the Federal Constitution covering the issue of children's citizenship who were born abroad to a Malaysian mother of which, will give effect to the constitutionally guaranteed right to equality under Article 8 of the Constitution.

However, Suhakam wishes to draw the government’s attention to other proposed amendments which may lead to the removal of citizenship rights instead of safeguarding statelessness-, perpetuating the cycle of statelessness for vulnerable children such as out-of-wedlock children, stateless children adopted by Malaysian parents, foundlings/ abandoned children as well as other generational stateless children/persons in Malaysia.

Suhakam is of the view that the citizenship rights by operation of law and other limiting regressive amendments perpetuating childhood statelessness, which encompass a range of complex and sensitive scenarios, demand a more deliberate approach.

Applications on clear cut case of children born abroad to Malaysian mothers should be processed accordingly to ensure that Malaysian women can enjoy equal rights in relation to nationality and citizenship for their children.

In light of the gravity of this matter, Suhakam calls on the government:

i. to take a holistic approach to address issues relating to citizenship in Malaysia by conducting comprehensive research on the impacts of the amendments;

ii. to approach this matter with careful consideration and disjunctively, considering each amendment's distinct nature; and

iii. to organise a broad stakeholder consultation by engaging various stakeholders, including civil society organisations and experts working on children's rights and statelessness.

The right to a nationality is a fundamental human right and the right of every child to acquire a nationality is guaranteed under the Universal Declaration of Human Rights (UDHR). Being a recognised citizen of a country has many legal benefits which may include the right to vote, access to social security, health services, public education, and to engage in employment, amongst others.

Suhakam stands ready to assist the government in aligning domestic legislation with Malaysia’s international commitments and obligations to prevent and eradicate statelessness.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.