Stateless issue now gets even trickier

Despite criticism, minister says Putrajaya forging ahead with citizenship law amendment

Cabinet has given full approval. I will continue with the next step such as explanatory sessions, I will continue the engagement with distinguished individuals, civil society and parliamentarians. Datuk Seri Saifuddin Nasution Ismail

Home Minister Datuk Seri Saifuddin Nasution Ismail has said that the Cabinet has agreed to the tabling of the constitutional amendment to Malaysia’s citizenship law, which could hamper some stateless children from becoming Malaysian.

The controversial proposal would, among other things, require proof that foundlings were born in Malaysia before their citizenship application could be submi ed.

“Cabinet has given full approval.

“I will continue with the next step such as explanatory sessions, I will continue the engagement with distinguished individuals, civil society and parliamentarians,” he said here, yesterday.

The home minister said he had met with the parliamentary select commi ee on human rights, and women, and children as well as Opposition MPs discussing the proposed constitutional amendment.

Saifuddin further said that citizenship applications under Article 15A for stateless persons had a 98 per cent success rate, and pledged to resolve the remaining 14,000 applications by December 31 this year.

Article 15A provides the government special powers to register persons under 21 years of age as citizens.

Last year, 11,500 citizenship applications under Section 19B, Part III, Second Schedule of the Federal Constitution were resolved, the minister said.

The proposed amendment will change citizenship by ‘operation of law’ to citizenship by ‘registration’.

The effect of this amendment would be that foundlings and abandoned children would no longer be entitled to automatic citizenship.

However, various nongovernmental organisations (NGOs) have expressed apprehension regarding the proposed amendments, saying they might eliminate existing safeguards for stateless children.

Experts have warned that the amendments could exacerbate the issue of statelessness among children in the country.

The suggested amendments, if enacted, would, among other things, subject abandoned children to discretionary citizenship, placing the responsibility on the children to prove their parentage.

The amendment would also come against the backdrop of discrimination against Malaysian women with foreign spouses, whose children born in Malaysia do not enjoy automatic citizenship unlike those of Malaysian men with foreign wives.