The Home Ministry has not provided Suhakam with any information or data to justify the former’s proposed amendments to the Federal Constitution regarding citizenship despite repeated requests.
“There is no empirical data they can rely on to say that this is the reason why we need these amendments,” Suhakam commissioner Ragunath Kesavan told a press conference at Suhakam’s office this afternoon.
Also present were fellow commissioner Mariati Robert and Child commissioner Farah Nini Dusuki.
Among the data stakeholders have requested, Ragunath (above) added, were the number of applications that got rejected on the basis that false information had been provided, if there was any situation where a person had their citizenship revoked due to false representations and how many marriages of convenience have occurred to abuse the system so that foreign spouses can receive Malaysian citizenship.
On March 8, Home Minister Saifuddin Nasution Ismail said the cabinet has agreed to the proposed amendments, expressing hope that the amendments can be passed this year.
However, it emerged several of these amendments could potentially make stateless cases in Malaysia even worse, particularly the proposed changes to Section 19B, Part III of the Second Schedule of the Federal Constitution.
Currently, the provision empowers the Federal Constitution to provide citizenships to foundlings (operation of law). If the proposed amendments take place, the power will be transferred to the home minister.
The proposed amendments are highly unpopular among NGOs and even several backbenchers, with PKR MP Hassan Abdul Karim vowing to oppose them.
DAP lawmaker Ramkarpal Singh called it a “backward step” and urged the government to withdraw or postpone the amendments.
However, Saifuddin doubled down on the matter, even claiming that the changes are needed to prevent abuse by migrants.
Unimpressed by Saifuddin’s statement, Ragunath said that if the amendment touching on the citizenship of foundlings were to be passed, it would be “the most regressive amendment ever to the Federal Constitution”.
He added that the Home Ministry also seemed to be harping on claims that migrants were abandoning their babies here so that their children could attain Malaysian citizenship.
“But in the past 10 years, only 142 applications related to baby-dumping had been approved (according to Saifuddin),” Ragunath said, adding he was hopeful the government would reconsider the matter.
Ministry’s poor track record
Taking the minister to task, Farah said the biggest issue when it comes to citizenship applications for foundlings was the Home Ministry’s poor track record.
“It’s their (Home Ministry) track record. If they had been vigilant, fair, and sensitive to those who have been applying, we wouldn’t have come to this.
“But things have been made difficult. That’s why we want to protect this provision which provides constitutional rights,” she said.
Farah added that about 70 percent of United Nations state parties provide safeguards for foundlings, the removal of which would make Malaysia answerable to international authorities.
Meanwhile, Mariati Robert said the requirement for one or both parents to have citizenship to pass on citizenship to their offspring would impact Orang Asal communities in the outskirts of Sabah, who have yet to gain citizenship.
“So now they have to go through (Article) 15A (of the Federal Constitution), which is at the discretion of the (home) minister, which already takes a long time and adds to the burden of the administration which is unnecessary actually,” she said.
Last Saturday, Suhakam stated its concerns and objections to the proposed amendments, adding they will affect children born out of wedlock to Malaysian men, stateless children adopted by Malaysian parents, and foundlings. - Mkini
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