Govt using citizenship issue of overseas-born kids to push 'cruel' laws: LFL

Govt using citizenship issue of overseas-born kids to push 'cruel' laws: LFL


The government has finally revealed the proposed amendments to the Federal Constitution on citizenship to civil society organisations, but Lawyers for Liberty (LFL) said it has only caused more alarm.

LFL director Zaid Malek claimed that the government is using the citizenship issue for children born abroad to Malaysian mothers, to introduce other dangerous provisions related to citizenship.

“This government appears to be using the excuse of solving the issue of children born abroad to Malaysian mothers to bring in a series of dangerous, unjust and cruel amendments.

“These amendments will create a large new class of stateless persons. It will create a massive new problem and magnify the long unresolved issue of statelessness in Malaysia,” he said in a statement today.

Zaid called the proposed amendments the worst for citizenship laws since Merdeka.

Expressing his disappointment and shock that Pakatan Harapan which claimed to fight for reform is now introducing such amendments, Zaid said even the old BN government “did not stoop so low”.


Removing Section 1(e)

Among the other proposed amendments include the removal of Section 1(e) of the Second Schedule Part II of the Federal Constitution which protects individuals from becoming stateless.

“Whilst we agree with the amendment which will allow mothers to confer citizenship on their children born overseas, we are shocked and sickened by some of the other controversial amendments being proposed by the Pakatan Harapan-BN government.

“These dangerous and retrograde amendments include entirely removing Section 1(e).

“This amendment will be the final nail in the coffin of the countless stateless persons in Malaysia. This includes children and those who are born and have lived in Malaysia for generations but are without proper documentation and are hence denied a blue MyKad,” the lawyer said.

LFL director and lawyer Zaid Malek


Describing the move as a “massive step backwards”, he said the government appears ignorant or unconcerned with the crucial need for Section 1(e).

Zaid explained that the Constitution has a requirement that anyone born on Malaysian soil can be granted citizenship with the condition that one parent must be a citizen, but Section 1(e) was introduced to prevent people from being rendered stateless.

“(It) is in breach of the basic human right of citizenship of persons born in this country who are not citizens of any other country,” he said.

The creation of a massive new class of stateless people will be economically and socially damaging to the country as this group will be unable to contribute to nation-building, he added.


Abandoned children, orphans

On top of that “misguided, foolish and horrendously cruel” move, Zaid said Section 19B of the Second Schedule of Part III will be amended to remove the right of abandoned children or orphans to citizenship.

Instead, the Home Ministry will have a prerogative on whether to grant these children citizenship.

There are also several other problematic proposed provisions including the removal of the right to citizenship of children of permanent residents, which Zaid said can render those children stateless at birth.

As such, he urged the people, civil society and the opposition to strongly protest against these amendments.

He also called on the government to scrap its plans for these amendments.

The government is in the process of addressing longstanding issues related to the citizenship of children born abroad to Malaysian mothers.

Advocates for citizenship law reforms have previously urged for more transparency and inclusiveness in the ongoing efforts.