KOTA KINABALU, Dec 22 — The proposal to amend the Federal Constitution relating to citizenship could have a big impact on indigenous community in the interior, especially those who are still fighting to get their citizenship.
Founder of Anak (Advocates for Non-discrimination and Access to Knowledge), Anne Baltazar, said this following the case of Tabias Yarun, a 52-year-old Lundayeh man from Tenom who was repeatedly denied citizenship despite being an indigenous and born and raised in Sabah.
“Both Tabias’ parents are Lundayeh from Kg Sugiang Baru in Kemabong, Tenom, holding red identification cards (ICs) like many other Lundayeh people in the district, who are not considered as citizens.
“However according to the law, Tabias should be given blue IC because both his parents are red IC holders and permanent residents. Sadly, he was given red IC and currently still fighting for his rights,” she said.
According to Anne, Tabias’ citizenship applications have been rejected twice, and he recently re-applied.
He is currently waiting for the result of his third attempt from the National Registration Department (NRD).
“I have been fighting for my right since I came to the city centre to work about a decade ago.
“When I was still in Tenom, this is normal because many Lundayeh people are holding red ICs. But when I learn more about my rights, it gave me the hope to fight for it, because I want to have right to vote, the right to own land and also access to better health care in the government hospital,” he said when met with Anne, yesterday.
With the proposed amendments, Anne believed many indigenous people having similar cases like Tabias will no longer have the privilege to be a citizen, unless they have to apply like a foreigner.
One of the amendments is not granting citizenship to children with parents holding red ICs.
The current law is granting citizenship to children of parents holding red ICs, but in Tabias’ case, he is still waiting.
There are eight amendments proposed, expected to be tabled in 2024.
According to Anne, from the eight amendments, two are good, where it will grant Malaysian mothers the equal right to confer automatic citizenship on their children born overseas, just like Malaysian fathers.
However, five amendments proposed are seen as regressive and seek to remove existing protections within the Federal Constitution, and threaten to worsen statelessness in Malaysia.
The Attorney-General’s Chambers (AGC) is drafting proposed amendments to the Federal Constitution regarding the citizenship rights of children born abroad as a result of the marriage of a Malaysian woman to a foreign spouse.
Home Minister Datuk Seri Saifuddin Nasution Ismail said the amendments were made to amend Article 14(1)(b) to include the word ‘mother’, to enable the child’s citizenship to be obtained by force of law.
“Originally (the amendments) were to include one word, namely mother, but on the advice of the Conference of Rulers that there should be an element of control because when we accept a child as a citizen through this amendment, the child is also a citizen according to the nationality of his father and the nationality of his mother, but the Constitution does not recognise dual citizenship.
“So what we have done is to amend the relevant clause including adding another amendment which is also being made by the Attorney General’s Chambers by proposing that at 18, the child can choose one of the citizenships, why 18? For us to be consistent with the Child Act 2001 and the Age of Majority Act 1971,” he said during a question and answer session at the Dewan Negara recently. — Borneo Post Online
