Suhakam doubles down on criticism of proposed citizenship law amendments

 

Suhakam said the proposed amendments had been rushed and pushed through without enough consultation. (Bernama pic)

PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) has doubled down on its criticism of the proposed amendments to citizenship laws, despite Putrajaya’s assurance that the rights of foundlings would not be denied.

Suhakam commissioner Ragunath Kesavan also accused the government of not having proper consultations with stakeholders.

Ragunath repeated the commission’s criticisms that the proposed provisions were regressive, adding that they were the “most regressive amendments seen in the last 40 to 50 years”.

He said a major concern was replacing automatic citizenship for foundlings or abandoned children with the discretionary powers given to the home minister to decide on such matters.

“It is not something we can live with, as it creates uncertainty. It creates a lot of problems in terms of approvals and is not in line with the principles of the Madani government,” Ragunath, a former Malaysian Bar president, said in a press conference.

He also said that the amendments, which the government had since green-lit, had been “rushed and pushed through without enough consultation”.

“Suhakam was consulted. But it seemed to be a consultation without proper consultation. It was as if ‘you speak, but we don’t listen’.”

Last Monday, home minister Saifuddin Nasution Ismail said the door to citizenship for foundlings had not been closed, as long as their births were promptly registered upon discovery.

Saifuddin also revealed that the citizenship applications for 98% of foundlings beyond the age of infancy were approved, adding that this “fact contradicts the accusations that the government is denying the rights of foundlings”.

Separately, Ragunath said while Suhakam was happy that the home minister approved citizenships for 11,000 stateless persons last year, the concern was with the national registration department.

He said citizenship registrations of children had been held back for up to eight years, creating a huge trust deficit among those applying.

“That is a completely unacceptable period of time in terms of education, development, growth, access, and everything. If children are not given citizenship rights, they will be stateless.”

Commissioner Mary Robert said the proposed amendments would affect children in Sabah who were born to indigenous parents who were permanent residents, as it stipulated that at least one parent should be a citizen.

She said the indigenous people had no valid documents despite being in Sabah for decades.

“I think we should really hold on to this (amendment) until an assurance can be given that everybody ( including indigenous persons in rural areas) is properly registered,” the former Sabah attorney-general said.

Commissioner Farah Nini Dusuki said if the automatic citizenship provision was removed, it would go against the Convention on the Rights of the Child, and the Convention on the Elimination of all Forms of Discrimination Against Women, two UN statutes the country is party to.

“We will have to answer to the international authorities because it is something that is globally accepted,” the Universiti Malaya law lecturer said. - FMT