Hakam wants govt to consolidate, improve existing citizenship framework

 

Putrajaya has been urged not to repeal laws that confer citizenship for children whose biological parents cannot be determined.

In a statement, human rights watchdog Hakam said during a recent engagement session, the Home Ministry revealed that it intends to amend Section 1(b) and Section 1(c) of Part II of the Second Schedule of the Federal Constitution.

This was a long-requested amendment aimed at allowing children who were born abroad to Malaysian mothers to apply for Malaysian citizenship. This amendment was not contentious.

However, Hakam objected to the Home Ministry's proposal to repeal Section 19B of Part III of the Second Schedule to the Federal Constitution and Section 1(e) of the same part of the same schedule.

Hakam explained that Section 19B had been interpreted by the Federal Court in 2022 to allow abandoned children and foundlings to be presumed to be born to Malaysian parents at the time of their birth if the identity of their biological parents cannot be identified.

"The overarching intent of Section 19B, as interpreted by the courts, is to prevent statelessness and to abolish any uncertainty that would result if this were left to the discretionary process and changing policies of the government," said Hakam.

Hakam noted that the judgment also considered babies found in dumpsites, baby hatches, public or school toilets, and places of worship, among others.

The group said two similar cases were decided this year whereby the courts relied on Section 1(e) to grant citizenship to those whose identity and nationality of their biological parents cannot be verified.

“The government must seek to consolidate and improve the existing citizenship framework that preserves these embedded safeguards within the Federal Constitution.

“Taking a cue and in line with the recent judicial trends that have given a new lease of life and dignity to these vulnerable groups.

“The government is in a position to show that empathy is a more potent force than political strength.

“And this is the starting point of inclusivity, unity, and a Madani concept of the Malaysian fabric,” said Hakam.

Hakam also clarified that the Home Ministry did not present the entire bill during the engagement session but conducted a presentation on the bill's main components. - Mkini