KUALA LUMPUR, Feb 10 — Lawyers today criticised Tun Dr Mahathir Mohamad for saying the Federal Constitution should be amended to revoke the citizenship of a government dissident, telling the former prime minister that this would be against the spirit of the country’s highest law.
Legal experts contacted by The Malaysian Insider also reminded Dr Mahathir, who was the country’s longest-serving prime minister, that an individual’s citizenship is one of the most basic human rights to Malaysians.
They said this right could not be so easily revoked due to safeguards in the Federal Constitution.
“What Dr Mahathir(picture) is suggesting would undermine the spirit and structure of the Constitution,” constitutional expert Syahredzan Johan told The Malaysian Insider.
Syahredzan explained that there are certain provisions in the document forming the “basic structure” of the Constitution which cannot be amended, and if amended, the amendment itself would be unconstitutional.
“What those provisions are, are not defined. But generally, it is said that provisions that give rights to individuals cannot and should not be taken away,” the lawyer said, adding that citizenship is one of those rights.
Even though it is hypothetically possible to amend the Constitution, Syahredzan stressed that the framers of the Constitution had placed safeguards to make sure that it will not be tampered with.
Amending Part Three of the Constitution, which deals with citizenship, would need a two-thirds vote of both Houses of Parliament, and consent from the Conference of Rulers, Syahredzan explained.
“If it does (get amended), it should be challenged (in court),” he added.
Lawyer N. Surendran agreed with Syahredzan, even labelling the suggestion as an “insane and delusional idea” that will affect all Malaysians and not just those who are perceived as dissidents.
“Citizenship is one of the most basic human rights of Malaysians. Dr Mahathir’s suggestion will make it easier to strip Malaysians of their citizenship,” the PKR vice-president said.
Lawyer Mohamed Hanipa Maidin conceded that there is already a provision in the Constitution that deals with revoking the citizenship of a Malaysia.
“To revoke a citizenship is not an easy matter ... I’m not sure which provision that (Dr Mahathir) wants to use,” Hanipa said.
However, Syahredzan highlighted that the provision in Article 24 only deals with those who obtained another citizenship, while in Article 25, it deals with “disloyal” citizens who were granted citizenship through naturalisation.
The lawyer said that it would be hypocritical to prevent people from questioning Article 153 which deals with the special rights of the Malays and the Bumiputeras while advocating a change in the constitutional guarantee of citizenship.
“You can’t pick and choose what rights to uphold just because it suits political needs,” he stressed.
Yesterday, a member of the audience at a talk here had asked Dr Mahathir what action could be taken against dissenting lawyers such as Bar Council leaders and Bersih 2.0 co-chair Datuk Ambiga Sreenevasan.
Dr Mahathir, who had earlier spoken on the Constitution and national security, replied that citizenship could only be revoked if the Constitution is amended to allow it. He pointed out that the Constitution could only be amended if two-thirds of Parliament agreed to the amendments.
“So I hope you would give the Barisan Nasional (BN) a victory (in the elections),” he added.
Article 24 of the Federal Constitution states that the government can revoke the citizenship of those who obtained citizenship from another country, or exercised rights accorded exclusively to that country’s citizens.
Article 25 states that the government may revoke the citizenship of naturalised citizens who have been disloyal, carrying out an act of war, or sentenced within a period of five years.
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