AUGUST 25 — We civil society organisations working on statelessness and citizenship rights, wish to address the recent developments surrounding the proposed citizenship amendments by the Ministry of Home Affairs (MoHA).
The intended amendments will aggravate incidence of statelessness in Malaysia. We have communicated our concerns to MoHA and hope the issues we have raised will be considered especially, as it will directly affect Malaysian families. Through a live Facebook sharing of the KDN Minister Datuk Seri Saifuddin Nasution, at the recent Monthly Meeting with MoHA officers on August 22, 2023, it was conveyed that stakeholder engagement has taken place and that the amendments will be presented to the Council of Rulers for their consent in October. We would like to request the Home Ministry to conduct a two-way engagement to share the findings and views backed with verified statistical data, from the consultations held with the various stakeholders. This is important, to learn if the proposed amendments have been further amended to reflect on the concerns raised. As civil societies and experts alike have confirmed that it will lead to the deterioration of the rights of stateless persons especially among Malaysian families as enshrined in the Federal Constitution of Malaysia.
We welcome the government’s commitment as seen in the progressive amendments allowing Malaysian mothers to confer citizenship to their overseas-born children, However, other amendments raise serious concerns, particularly those that pertain to:
1. Children born out of wedlock to Malaysian men
2. Stateless children adopted by Malaysian parent(s)
3. “Foundlings” — abandoned children
4. Generational stateless children/persons
We firmly believe that every child has the inherent right to a nationality and the protection that citizenship affords. It is regrettable that some proposed amendments seem to deviate from this fundamental principle, removing citizenship rights, instead of statelessness safeguards, perpetuating the cycle of statelessness for vulnerable children/persons. We call upon the Ministry of Home Affairs to genuinely engage with a diverse range of stakeholders, including civil society organisations and experts working on children’s rights and statelessness. Additionally, we urge the Ministry to reconsider those amendments that are regressive and at odds with the best interests of the children involved. Furthermore, we strongly suggest that the proposed amendments be approached with careful consideration and separation, taking into account the distinct nature of each amendment. Specifically:
1. The proposed amendments relating to children born overseas to Malaysian mothers should be allowed to proceed to parliamentary debates. These changes reflect progressive and necessary adjustments that acknowledge the rights of Malaysian mothers and their children, and they deserve prompt attention.
2. However, the other proposed amendments involving amendments to 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. These amendments necessitate comprehensive research, a deep understanding of the issues, and broad stakeholder consultation. We emphasise that these amendments should be deferred and only brought forward to Parliament after undergoing a thorough and sincere consultation process with relevant stakeholders. This approach will ensure that the fundamental rights of citizens are not unintentionally eroded and that the amendments truly address the needs of those affected.
In light of the gravity of the matter at hand, we urge the Ministry of Home Affairs to adopt this decoupled approach to the proposed amendments. Such a measured and thoughtful strategy will not only uphold the principles of fairness and justice but also reaffirm the government’s commitment to protecting and securing the rights of all children in Malaysia. MCRA also wishes to express our sincere gratitude for the commendable efforts undertaken by the Parliamentary Special Select Committee (PSSC) on Women, Children & Community Development and the Parliamentary Special Select Committee (PSSC) on Human Rights, Election and Institutional Reform in actively engaging with various civil society organisations that share similar concerns. As we move forward, we eagerly anticipate the opportunity to harness this engagement mechanism to effectively address the critical matter of the proposed citizenship amendments.
The statement is prepared by Malaysian Citizenship Rights Alliance (MCRA).
Endorsed by 18 organisations, dated August 25, 2023:
1. Advocates for Non-discrimination and Access to Knowledge (ANAK), Sabah
2. Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers)
3. Association of Women Lawyers (AWL)
4. Bait Al Amanah (BAA)
5. Buku Jalanan Chow Kit
6. Development of Human Resources for Rural Areas (DHRRA), Malaysia
7. National Human Rights Society (HAKAM)
8. HaKita
9. IMAN Research
10. Johor Women’s League (JEWEL)
11. Lawyer Kamek (Sarawak)
12. Malaysia Hindu Dharma Mamandram (MHDM)
13. Malaysian Collaborative Practice Group
14. Persatuan Pendidikan Bajau Laut (Iskul Sama diLaut Omadal)
15. Persatuan Untuk Anak Kita (PUAKPayong)
16. Stateless Malaysians Citizenship Movement
17. Voice of Children (VOC)
18. Yayasan Chow Kit (YCK)
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
