Call to discard proposed regressive citizenship amendments

KUCHING: The Malaysian Citizenship Rights Alliance (MCRA), the Child Rights Protection Group, and Impacted Malaysian Parents collectively called on Prime Minister Datuk Seri Anwar Ibrahim’s Madani government to swiftly discard the proposed regressive citizenship amendments.

“These amendments are feared to further impact categories of children who are constitutionally Malaysian but have been arbitrarily and wilfully denied citizenship by the Ministry of Home Affairs (KDN),” it said in a press statement today.

The MCRA emphasised that these amendments aimed to legitimise the KDN’s unconstitutional actions, which lacked the mandate of the people.

Moreover, the concerned parties argued that these amendments were being proposed without engaging with and seeking input from organisations working on the ground with impacted individuals and communities.

“The changes are made without a proper understanding of the issues or collecting relevant information and data.

“Altering citizenship laws based on whimsical or discriminatory motives may lead to unjust consequences, placing more innocent children at risk of harm and violation.

“Any amendments to the criteria for acquiring citizenship should only be done after thorough data gathering, research, examination of comparative laws, and exploring alternative solutions to existing issues,” it added.

The alliance voiced profound concern over the Madani government’s arbitrary, indifferent, and neglectful handling of this critical and foundational legislation, claiming that the government displayed utter disregard for the well-being of affected children due to these severe amendments.

The necessity of well-informed decision-making, implementing legal reforms, and a dedication to resolving statelessness for the sake of sustainable development was further emphasised.

Additionally, MCRA highlighted Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah’s statement, indicating that the proposed changes aimed to prevent the misuse of obtaining citizenship, especially concerning ‘illegitimate’ children asserting they lacked citizenship at birth.

“This rationale is wholly unacceptable and discriminatory against children born out of wedlock and deemed it a clear abrogation of the government’s responsibility and obligation to act in the best interest of children, ensuring their protection and their right to life with dignity.

Additionally, the MCRA references the response given by the KDN Deputy Minister that civil society organisations (CSOs) and several other stakeholders were merely given a briefing on the proposed amendments in June.

“Many unanswered questions remain, and requests for data or information supporting the amendments have not yet been provided.

“Despite repeated requests to meet with the Minister of Home Affairs, Datuk Seri Saifuddin Nasution, the appeals have gone unanswered, causing apprehension about the Ministry of Home Affairs’ readiness and evaluation of the potential impact and harm these amendments might inflict,” the alliance said.

This is especially concerning for Malaysian children who lack avenues to pursue their claims for citizenship through judicial or administrative means.

“During the briefing, CSOs pointed out that KDN’s understanding of the laws of the countries mentioned in the comparative study is grossly erroneous.

“The mentioned countries, including the United Kingdom, Singapore, and Japan, do not discriminate against children born out of wedlock to their citizens. These countries also provide automatic citizenship for foundling children,” the alliance added.

The MCRA underscores the pivotal role of citizenship laws in shaping the legal status and rights of individuals in a nation. Modifications to these laws should be approached with meticulous consideration, demonstrating a dedication to principles of justice, equality, and the safeguarding of individual human and other rights.

The alliance emphasises that tackling statelessness is not solely a human rights issue but is also pivotal for sustainable development and contend that initiatives to prevent and diminish statelessness should encompass legal reforms to forestall it, identify and resolve current stateless situations, ensuring the full participation of all individuals in the social, economic, and political aspects of their communities.

“Being ignorant about the stateless population among Malaysian children, can only lead to multigenerational instability.”