Much-disputed citizenship amendments tabled for first reading

 

PARLIAMENT | After much debate and criticism, Home Minister Saifuddin Nasution Ismail has tabled the proposed amendments to the Federal Constitution on citizenship laws for first reading in the Dewan Rakyat today.

The bill is scheduled for its second and third reading in this sitting, due to end on Wednesday.

The proposed amendments include giving Malaysian mothers the equal right to confer automatic citizenship on overseas-born children.

These amendments are to Article 14(1)(b), Sections 1(b) and 1(c) of Part II of the Second Schedule.

At present, those sections only allow automatic citizenship to those born overseas to a Malaysian father after Sept 16, 1963 (Malaysia Day), and not if only the mother is Malaysian.

The amendment is to replace the words "whose father" with "at least one of the parents", to grant women equal rights to pass down citizenship to children born abroad.

"With the amendment to paragraph (b) of Section 1 of Part II of the Second Schedule to the Federal Constitution, the birth of a child born outside the Federation shall be registered, within one year of its occurrence or within such longer period as the Federal Government may allow, at a consulate of the Federation or with the Federal Government," the bill read.

Other amendments

Other amendments include a revision to Clause 2 of Article 15 of the Federal Constitution to lower the age limit for citizenship application to 18 from 21.

The bill also seeks to amend clause (1) of Article 15 of the Federal Constitution to impose an additional requirement of having adequate knowledge of the Malay language on any married woman applying for citizenship by registration.

Furthermore, it aims to amend Part II of the Second Schedule to the Federal Constitution by revising paragraph (a) of Section 1 to specify that only a child born within Malaysia, with at least one parent being a citizen at the time of the child's birth, is eligible for citizenship.

With this proposed amendment, a child born within Malaysia, with at least one parent being a permanent resident in Malaysia at the time of birth, will no longer be eligible for citizenship.

Foundling proposal scrapped

Last Friday, the cabinet agreed to scrap the Home Ministry's proposal to amend the Constitution regarding the right to grant citizenship to foundlings.

The ministry previously proposed repealing Section 19B of Part III of the Second Schedule of the Federal Constitution, and Section 1(e) of the same section in the same schedule.

However, civil society organisations called for the amendments to be put to a Parliamentary Special Select Committee (PSSC) for a full review.

They consider that some of the other proposed amendments are regressive, including removing the right to automatic citizenship for children born to permanent residents, reducing the age limit to obtain citizenship from 21 to 18, and allowing the revocation of citizenship for foreign divorcees who had obtained citizenship by marriage.

The bill would require the approval of two-thirds of the Dewan Rakyat, which is 148 votes, as it involves amending the Constitution.