Stateless kids: Only Home Ministry can decide citizenship — Fatimah
THE issue of citizenship, even with reference to the Inter-Governmental Committee (IGC) Report, Malaysia Agreement 1963 (MA63) and the Federal Constitution, has always been agreed to be a federal matter, said Dato Sri Fatimah Abdullah.
The Women, Childhood and Community Wellbeing Development Minister said despite concurring that there is a need for speedy decision on citizenship applications from stateless children in Sarawak, the decision on this matter lies with the Ministry of Home Affairs.
“The birth of an individual in Malaysia does not guarantee Malaysian citizenship.
“In Malaysia, citizenship is determined based on marital status and citizenship status of the biological parents of the individual at the time of birth, in accordance with the provisions of Part II of the Federal Constitution, Citizenship Rules 1964, and relevant legislation in force on marriage registration, adoption, child legality and immigration regulations,” she said in her ministerial reply to a question from Datuk Ding Kuong Hiing (GPS-Meradong).
Ding had asked whether the Sarawak government had any plans to speed up the process of tackling the issue of stateless children, apart from the proposed issuance of temporary documentation.
According to Fatimah, citizenship of stateless children was not a matter discussed under the present Devolution of Power (DOP) exercise.
“For births that occur before the registration of the parents’ marriage, the child’s citizenship is according to the mother’s citizenship, in accordance with the legal provisions under Section 17, Part III, Second Schedule, Federal Constitution,” she added.
She pointed out that the issue of children born in the country without documentation will only arise because of parents not playing the role of responsible parents.
“There were two methods to obtain Malaysian citizenship – either through registration or naturalisation in accordance with the conditions set out in the Federal Constitution.”
Fatimah also informed that the Special Committee on Citizenship under Section 15A of the Federal Constitution was established in 2016 to facilitate the consideration of citizenship applications received in Sarawak.