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Wednesday, June 21, 2023

Citizenship reforms: Govt told to not take one step forward, two steps back

 


Advocates for citizenship law reforms have urged for more transparency and inclusiveness in ongoing government efforts to amend Part II of the Federal Constitution as well as its related schedules.

According to an open letter endorsed by 49 organisations and 67 individuals, they welcomed the government's efforts to address longstanding issues related to the citizenship of children born abroad to Malaysian mothers.

Specifically, this would be done through amendments to include the word "mother" in Sections (1)(b) and (1)(c) of Part II of the Second Schedule of the Federal Constitution on ‘Citizenship by Operation of Law’.

"However, any bid to include further amendments to citizenship rights under the constitution to address other perceived citizenship-related issues should not be considered without first undertaking holistic and broad-based consultation with all relevant stakeholders," they added.

They identified issues including attempts to restrict citizenship rights for children born out of wedlock to Malaysian fathers; children adopted by Malaysian parent(s); foundling and abandoned children; undocumented children from generational undocumented families/communities.

"It is to be noted that we have, at various times, received mixed messages from the government about the scope of the amendments they intend to propose and whether these amendments extend to the disputed issues listed above.

"It goes without saying that any proposal to restrict or abrogate fundamental liberties and rights, including citizenship rights, ought not to be done in a shroud of secrecy and without due consultation," they said.

Although preliminary discussions were held with some civil society organisations, they claim that they were not informed of the government’s whole proposal to amend citizenship rights.

"We are disappointed with this lack of clarity and transparency, given this new government’s assurances of open engagement," they added.

No to unfair trade

In the open letter, the organisations and individuals stressed that no government should offer to make such amendments only in return for curtailing or restricting the citizenship rights and entitlements of another group.

They also said other matters concerning citizenship rights as identified should be addressed, so long as it’s not made a condition for Malaysian mothers to be granted the right to confer citizenship on their overseas-born children.

As such, they called on the government to hold a more transparent discussion with all stakeholders, with the goal to ensure the draft bill reflects their needs and aspirations, upholds the principles of fairness, equality, and human rights, and promotes a just and inclusive society.

Home Minister Saifuddin Nasution Ismail previously said the government through engagements with stakeholders is in the final stages of preparing a proposal to amend the relevant provisions related to citizenship under the Federal Constitution.

He said up to eight proposals will be presented to the Conference of Rulers next month and targeted for tabling in the Dewan Rakyat in the last session of this year. - Mkini

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