JUNE 21 — We, the undersigned civil society organisations, are writing with regard to ongoing deliberations within government to amend Part III of the Federal Constitution and its related schedules.
We welcome the government’s efforts to address longstanding issues relating to the citizenship of children born abroad to Malaysian citizen mothers, through amendments to include “mother” in Sections (1)(b) and (1)(c) of Part II of the Second Schedule of the Federal Constitution on ‘Citizenship by Operation of Law’. Our common position on this remains consistent, and we have made our position clear to ministers and public officers of various administrations over the years.
However, any bid to include further amendments to citizenship rights under the Constitution in order to address other perceived citizenship-related issues should not be considered without first undertaking holistic and broad-based consultation with all relevant stakeholders. These other issues include attempts to restrict citizenship rights for:
1. children born out of wedlock to Malaysian citizen fathers
2. children adopted by Malaysian parent(s)
3. foundling and abandoned children
4. undocumented children from generational undocumented families/communities.
It is to be noted that we have, at various times, received mixed messages from the government about the scope of the amendments they intend to propose and whether these amendments extend to the disputed issues listed above. It goes without saying that any proposal to restrict or abrogate fundamental liberties and rights, including citizenship rights, ought not to be done in a shroud of secrecy and without due consultation.
While it is understood that preliminary discussions were held with some civil society organisations, it appears that they were not informed of the entirety of the government’s proposal to amend citizenship rights. We are disappointed by this lack of clarity and transparency, given the assurances of open engagement by this new government. Civil society organisations and other relevant stakeholders who speak for the disenfranchised are essential to this process, and they are entitled to contribute their experience and expertise so that any amendments that are made are just, proportional and limited to what is necessary.
Malaysia remains one of 24 countries that have yet to reform the law to enable Malaysian women to obtain citizenship for their overseas born children on an equal basis as Malaysian men. This injustice must be addressed immediately, through the proposed amendments that we have mentioned above. However, no State should offer to make such amendments only in return for curtailing or restricting the citizenship rights and entitlements of another group.
The other matters concerning citizenship rights that are listed in 1-4 above need to be addressed, but should not be a condition attached to granting Malaysian mothers the right to confer citizenship on their overseas-born children. Malaysia remains an outlier, as one of only two countries in the world that does not grant citizenship to children born to men outside of a legal marriage; Barbados being the other. Malaysia also has not implemented its existing provision to protect foundling children despite the landmark Federal Court decision in November 2021 in the case of CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia [2022] 1 MLJ 71 which upheld the rights of foundlings to citizenship under the Federal Constitution.
The UN Convention on the Rights of the Child and the Universal Declaration of Human Rights recognize that every child has a right to a nationality, and denying this right would be a violation of their fundamental rights. What is needed in the case of these stateless children is a clear and transparent pathway to ensure that they are able to access citizenship so that they are not still stateless in their teens and as young adults.
We therefore call upon the government and in particular the Ministry of Home Affairs to address this situation immediately, by providing full disclosure regarding the extent and implications of the amendments to citizenship rights that it intends to propose, and by holding a holistic and transparent consultation process with all relevant stakeholders. This is a call for transparency and an inclusive approach to ensure that the draft bill reflects the needs and aspirations of all stakeholders, upholds the principles of fairness, equality, and human rights, and promotes a just and inclusive society.
Signatories:
Organizations
1. ALIRAN
2. ANAK, Sabah
3. Angkatan Belia Islam Malaysia (ABIM)
4. Association of Women Lawyers (AWL)
5. Borneo Komrad
6. Buku Jalanan Chow Kit
7. Cahaya Society
8. CRIB Foundation
9. Development of Human Resources by Rural Areas (DHRRA), Malaysia
10. EMPOWER
11. END CSEC Network
12. Engender Consultancy
13. Geutanyoe Foundation
14. Global Shepherds
15. Justice for Sisters
16. Kemban Kolektif
17. Lawyer Kamek, Sarawak
18. Lawyers for Liberty (LFL)
19. MAJU
20. Make it Right Movement
21. Malaysian Council for Child Welfare
22. North South Initiative
23. Our Journey
24. Pergerakan Tenaga Akademik Malaysia (GERAK)
25. Persatuan Ahli Lembaga Pengelola Sekolah sekolah Tamil N. Sembilan
26. Persatuan Anak Istimewa Sarawak (Perais)
27. Persatuan Kebajikan Sokongan Keluarga Selangor & KL (Family Frontiers)
28. Persatuan Pendidikan Dwira Kuching.
29. Persatuan Sahabat Wanita Selangor
30. Pertubuhan Pakatan Kemanusiaan @ The Humanity Alliance Society (T.H.A.S) 31. Pertubuhan Solidaritas
32. Proham
33. Protect and Save the Children
34. PUAK Payong
35. Pusat Komas
36. Sabah Women’s Action-Resource Group (Sawo)
37. Sarawak OKU Skills Development Association
38. Sarawak Women For Women Society (SWWS)
39. Sisters in Islam (SIS)
40. Society For Equality, Respect and Trust for All Sabah (Serata)
41. Stateless Malaysians Citizenship Movement (SMCM)
42. SUARAM (Suara Rakyat Malaysia)
43. Terabai Kenyalng Heritage Association of Sarawak (TKHAS)
44. Tindak Malaysia
45. Vanguards4Change
46. Voice of the Children
47. WDO Malaysia, PJ Branch
48. Women’s Centre for Change (WCC)
49. Yayasan Chow Kit Individual Activists, Academicians and Legal Fraternity:
1. Ainie Haziqah, Messrs Nurainie Haziqah & Co
2. Aisha Zanariah Abdullah, Aisha Zanariah & Partners
3. Andrew Khoo, Advocate & Solicitor
4. Anita Paul
5. Annou Xavier, Azri, Lee Swee Seng & Co
6. Arun Boon Tiang
7. Azira Aziz, Messrs Azira Aziz
8. Baljinder Kaur
9. Bimbala a/p Didar Singh
10. Chan Yi Bing, Committee
11. Chua Kuan Ching, Messrs Simon Siah, Chua And Chow Advocates
12. Cikgu Rahayu, Children Activist
13. Datuk Dr Amar-Singh HSS, Consultant Pediatrician
14. Dr. Rodziana Mohamed Razali, USIM
15. Dr Raveedran Marathamuthu, Co-lead
16. Ee Sau Ting
17. Erica Lim
18. Fan Siew Lee, Committee
19. Goh Siu Lin, Family & Child Rights Lawyer
20. Heah Tze Ling
21. Ho Lai Yee
22. Ida Nerina Hussain, Mother
23. Ishwarjeet Kaur A/P Charanjit Singh
24. Janice Tan
25. Jasmine Wong Kah Man, Co-counsel in CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia (2021)
26. Jeannie Low, Play Unlimited
27. Karampreet Kaur A/P Charanjit Singh
28. Kasthuri Krishnan, Advocate & Solicitor, Kasthuri Bashir Shah & Partners
29. Kuan Kin Chong, Lead
30. Kuan Kin Chong, SMCM 31. Lai York May
32. Lawrence Lim Cheng Poh 33. Lee Cheah Cherng
34. Lee Chee Siang
35. Lee Chi Kah
36. Lee Lay Wah, Co-lead
37. Lee Seng Long, Committee
38. Lee Tain Ping
39. Lim Wee Seong, Northern Stateless
40. Loo Ai Ling
41. Maninderjeet Kaur A/P Charanjit Singh
42. Marcia Aaliyah, Committee
43. Mary Shanthi Dairiam, Former UN Cedaw Committee member 44. Nadesh Zakuan
45. Nadiratul Nurul
46. Nurin Shariza binti Abdul Wahab
47. Nurul Akashah, Committee
48. Ooi Ern Tze
49. Premalatha Jegathesan, Committee
50. Prof Noor Aziah Mohd Awal, Commissioner Suhakam
51. Ranee Sreedharan, Messrs Ranee Sree & Associates
52. Rodney Raj Edward
53. Sandra Theravam, Committee
54. Sasikala A/P Rajendran
55. Sharene Kam Guat Mei
56. Sheila Rahman
57. Tan Hooi Lim
58. Tan Kim Hwa
59. Teon Eg
60. Thineswary
61. Toh Cheng See
62. Vanessa, Committee
63. Victor Francis, Committee
64. Voon Sok Ting
65. Wilfred Fernandez
66. Wong Tsai Mei
67. Yuenwah San, Disability Rights Advocate
* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.
