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Wednesday, March 13, 2024

Citizenship changes 'inhumane, regressive': Former stateless Sabahan

 


Former stateless individual Wong Kueng Hui has slammed the government’s decision to forge ahead with the proposed amendments to the Federal Constitution related to citizenship.

Speaking to the press in front of Parliament today, Wong, who is also a Muda member, did not mince his words when he labelled the proposed amendments as regressive and inhumane.

Wong, who was stateless for 16 years before finally getting his MyKad last year, claimed the “control element” in the amendments is the government’s attempt to usurp existing constitutional rights and to place their authority which exceeds the Federal Constitution.

“I want to emphasise that citizenship is a right, not a gift.

“The existing Federal Constitution written in 1963, through the foresight and kindness of Tunku Abdul Rahman, has already considered the situation where a Malaysian child can be trapped in a stateless situation.

"So, this amendment is not in line with Tunku’s original vision and also the civil government reform agenda,” he said after handing over a memorandum protesting the amendments to three MPs.

The lawmakers are Muar MP Syed Saddiq Syed Abdul Rahman, Syerleena Abdul Rashid (Bukit Bendera) and Shahidan Kassim (Arau).

Also present were Muda acting president Amira Aisya Abdul Aziz, Lawyers for Liberty director Zaid Malek and representatives from PSM.Preventing abuse

This came after Home Minister Saifuddin Nasution Ismail announced that the cabinet has given its “full green light” to the proposed amendments to the Federal Constitution related to citizenship.

On the same day, Prime Minister Anwar Ibrahim was quoted as expressing confidence that the Dewan Rakyat will pass the amendment proposal to the Federal Constitution on citizenship, slated to be tabled this month.

Anwar said the proposed amendments were not just a necessity but also in line with the principles enshrined in the Federal Constitution.

Home Minister Saifuddin Nasution Ismail

On Monday (March 11), Saifuddin told the august house that Putrajaya wants to amend the citizenship law related to foundlings to prevent it from being abused by foreigners.

This comes despite major backlash and pushback from various quarters, with some arguing that the proposed amendments will worsen conditions for those who are stateless.

Those who oppose believe it could render more people stateless or place individuals in precarious positions.

Earlier last week, DAP lawmaker Ramkarpal Singh told the Dewan Rakyat that the proposed amendments, especially regarding foundlings, are both “illogical and unreasonable”.


Calling it a “backward step”, the Bukit Gelugor MP said the proposal should be withdrawn or postponed.


Pointing out that the proposal denied foundlings automatic citizenship and would subject them to an uncertain and protracted bureaucratic registration process, he said the move contradicted the Pakatan Harapan-led coalition government’s aim to improve and reform laws.


Meanwhile, Wong also stressed that the proposed amendments will harm stateless communities, including the Orang Asli and the indigenous people of Sabah and Sarawak.

“This will create a new stateless class that will continue to be trapped in a ‘bureaucratic limbo’.

“Therefore, I urge all MPs from the government as well as the opposition bloc to perform their responsibilities as an effective check and balance in the Dewan Rakyat.”

‘One step forward, 10 steps back’

Meanwhile, Syed Saddiq stressed that he will reject the amendments, in line with his party’s stance.

Former stateless Sabahan Wong Kueng Hui (left) handing over his memorandum to Muar MP Syed Saddiq Syed Abdul Rahman.

He then warned Putrajaya against taking “one step forward but 10 steps back”.

“We should not (move) forward (with) one progressive clause but couple it with 10 regressive clauses,” he told reporters.

“To be frank, I do not understand the rationale of the government. Many of those in government have spoken out on this matter when they were in opposition, on ensuring mothers get the defence which they deserve, and that they are treated as equal partners and citizens in this country.

“But at the same time to ensure that foundlings’ issue of statelessness will not suddenly be a regressive path while we take one step forward.”

He urged the government to show compassion as the as amendments would result in an intergenerational issue.

“Because in the end, it will not just affect thousands of people.

“This is an intergenerational issue and if the regressive constitutional amendments are made, it means that from this generation to another, tens of thousands will be affected and will not be given the humanity they deserve.”

Saifuddin’s remarks ‘illogical’

Sharing similar sentiments was Zaid, who said Saifuddin’s remarks on the proposed amendments were “illogical”.

Zaid alleged that the home minister was merely spewing analogies that were unrelated to the amendments that the people were questioning.

“The amendment does not only take away the citizenship rights of foreigners but also strips the citizenship rights of Malaysians.

“The government and its machinery’s failures in solving this matter have become very apparent.”

Last month, the Home Ministry said it would table to the cabinet a proposal to amend provisions related to citizenship rights of children born overseas to Malaysian mothers married to foreigners.


The proposal amends Article 14(1)(b) by inserting the word “mother” to enable Malaysian women to confer Malaysian citizenship to their overseas-born children.


The draft was amended after several engagement sessions, including with individuals with expertise in the Constitution, social activists, Suhakam and youth activists.

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