NGOs, activists oppose five regressive amendments
KOTA KINABALU: Human rights activist Beverly Joeman on Friday reiterated the call made by various non-governmental organisations (NGOs) and community activists from Sabah to oppose the five out of eight regressive amendments in the proposed amendments to the Federal Constitution regarding citizenship.
The amendments are expected to be tabled in Parliament on March 25.
“The Minister of Home Affairs (MOHA) Saifuddin Nasution has repeatedly stated that these amendments are intended to address the issue of migrant presence in Sabah. However, as an indigenous person, I am deeply concerned that these amendments could also adversely affect the status of indigenous people and Sabahans who are without proper documentation, putting them at a high risk of becoming stateless in their own homeland.
“Sabah has a special relationship with the 1963 Malaysia Agreement (MA63). As part of this agreement, Sabah’s rights and sovereignty have been recognised. The proposed amendments must ensure that Sabah’s rights are preserved and not compromised by changes in citizenship laws.
“Sabah also faces a serious issue concerning stateless individuals. Many Sabah residents still lack valid citizenship documents. Regressive amendments must be avoided to ensure that stateless individuals are not marginalised,” she said.
According to Beverly, she has spoken to a number of MPs such as Keningau, Semporna, Ipoh Timur, Sik, Mas Gading, Mukah, Penampang, Ipoh Barat and others.
“We have been lobbying since last year July onwards … to political parties, the women’s political wings, Parliamentary Special Select Committees (PSSCs) and almost anyone who has a say in this,” she added.
During the recent joint press conference with Advocates for Non-Discrimination and Access to Knowledge (ANAK), Society for Equality, Respect And Trust for All Sabah (SERATA), Borneo Komrad and citizenship rights activist Wong Kueng Hui, Beverly said they encourage cooperation between the federal government and the states in formulating fair and inclusive citizenship laws.
“Open and continuous
Sabah has a special relationship with the 1963 Malaysia Agreement (MA63). As part of this agreement, Sabah’s rights and sovereignty have been recognized. The proposed amendments must ensure that Sabah’s rights are preserved and not compromised by changes in citizenship laws.
Beverly Joeman
dialogues are essential to ensure that concerns and needs from all parties are taken into account.
“If the reason cited by the MOHA, that Section 19B is being exploited by foreign nationals, then the onus is on the government to put a better mechanism in place to prevent such “exploitation.”
“We urge the Madani Government to exercise “ihsan” in this matter. Conduct transparent and inclusive discussions with constitutional and MA63 experts, organise inclusive consultations involving indigenous peoples organisations nationwide, present a White Paper along with justifications for the regressive amendments and provide facts, data and cases from Sabah,” she stressed.
“To date, has MOHA consulted the civil society organisations and stakeholders in Sabah?,” Beverly further asked.
Meanwhile, founder of ANAK, Mary Anne Baltazar, said the five regressive amendments not only breach the terms of the MA63 but also jeopardise the fundamental rights of Sabahans and Sarawakians.
By shifting more discretionary powers to the federal government, they threaten to disenfranchise entire communities and exacerbate the statelessness crisis, particularly among indigenous groups and rural populations.
“Sabah has been unjustly targeted as the primary cause of regressive citizenship amendments proposed in the Federal Constitution. This overlooks the underlying issue of statelessness that affects Malaysian-born, native rural communities, a plight that has persisted for many years.
“These amendments could disproportionately impact the children of Sabahan families, worsening the statelessness crisis, especially among vulnerable indigenous communities in Sabah. These communities face systemic challenges in obtaining government recognition and access to basic infrastructure, increasing their vulnerability to statelessness. Obtaining registration remains exceedingly challenging in rural areas.
“Additionally, the proposed amendments contradict the MA63, which introduced citizenship safeguards to prevent statelessness among foundlings or abandoned babies in Malaysia who have no proven relationship to any other country. Section 19B, Part III, Second Schedule was introduced specifically during Malaysia’s formation. Removing this section would be a betrayal of the founding principles of Malaysia that sought to protect East Malaysians,” she said.
Baltazar also said the proposed removal of another statelessness safeguard found in Section 2(3), read together with Article 14(1)(b) and Section 1(e), undermines a cornerstone principle introduced by the first Prime Minister, Tunku Abdul Rahman, in a 1962 parliamentary debate: ensuring that no individual is left stateless.
Removing this clause, she said, could revoke the right to a fair trial, depriving citizens of their fundamental right to due process.
“Such a move undermines the principles of justice and equality in our Constitution and threatens to worsen the statelessness crisis by leaving individuals vulnerable to arbitrary decisions and bureaucratic hurdles.
“These amendments will revoke existing rights enshrined in the constitution, leaving more people stateless who have genuine connections to the state. We refuse to stand idly by as the government undermines the rights and welfare of our fellow citizens.
“We demand transparency, accountability and genuine consultation with affected communities before any further action is taken. The government must honour its commitments to Sabah and Sarawak and ensure that no one is unjustly rendered stateless,” she concluded.