Open letter to Cabinet regarding proposals to amend citizenship laws in Malaysia — Civil society organisations

Open letter to Cabinet regarding proposals to amend citizenship laws in Malaysia — Civil society organisations

Wednesday, 21 Jun 2023 6:14 PM MYT


JUNE 21 — We, the undersigned civil society organisations, are writing with regard to ongoing deliberations within government to amend Part III of the Federal Constitution and its related schedules.

We welcome the government’s efforts to address longstanding issues relating to the citizenship of children born abroad to Malaysian citizen mothers, through amendments to include “mother” in Sections (1)(b) and (1)(c) of Part II of the Second Schedule of the Federal Constitution on ‘Citizenship by Operation of Law’. Our common position on this remains consistent, and we have made our position clear to ministers and public officers of various administrations over the years.

However, any bid to include further amendments to citizenship rights under the Constitution in order to address other perceived citizenship-related issues should not be considered without first undertaking holistic and broad-based consultation with all relevant stakeholders. These other issues include attempts to restrict citizenship rights for:

1. children born out of wedlock to Malaysian citizen fathers

2. children adopted by Malaysian parent(s)

3. foundling and abandoned children

4. undocumented children from generational undocumented families/communities.

It is to be noted that we have, at various times, received mixed messages from the government about the scope of the amendments they intend to propose and whether these amendments extend to the disputed issues listed above. It goes without saying that any proposal to restrict or abrogate fundamental liberties and rights, including citizenship rights, ought not to be done in a shroud of secrecy and without due consultation.

While it is understood that preliminary discussions were held with some civil society organisations, it appears that they were not informed of the entirety of the government’s proposal to amend citizenship rights. We are disappointed by this lack of clarity and transparency, given the assurances of open engagement by this new government. Civil society organisations and other relevant stakeholders who speak for the disenfranchised are essential to this process, and they are entitled to contribute their experience and expertise so that any amendments that are made are just, proportional and limited to what is necessary.

Malaysia remains one of 24 countries that have yet to reform the law to enable Malaysian women to obtain citizenship for their overseas born children on an equal basis as Malaysian men. This injustice must be addressed immediately, through the proposed amendments that we have mentioned above. However, no State should offer to make such amendments only in return for curtailing or restricting the citizenship rights and entitlements of another group.

The other matters concerning citizenship rights that are listed in 1-4 above need to be addressed, but should not be a condition attached to granting Malaysian mothers the right to confer citizenship on their overseas-born children. Malaysia remains an outlier, as one of only two countries in the world that does not grant citizenship to children born to men outside of a legal marriage; Barbados being the other. Malaysia also has not implemented its existing provision to protect foundling children despite the landmark Federal Court decision in November 2021 in the case of CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia [2022] 1 MLJ 71 which upheld the rights of foundlings to citizenship under the Federal Constitution.

The UN Convention on the Rights of the Child and the Universal Declaration of Human Rights recognize that every child has a right to a nationality, and denying this right would be a violation of their fundamental rights. What is needed in the case of these stateless children is a clear and transparent pathway to ensure that they are able to access citizenship so that they are not still stateless in their teens and as young adults.

We therefore call upon the government and in particular the Ministry of Home Affairs to address this situation immediately, by providing full disclosure regarding the extent and implications of the amendments to citizenship rights that it intends to propose, and by holding a holistic and transparent consultation process with all relevant stakeholders. This is a call for transparency and an inclusive approach to ensure that the draft bill reflects the needs and aspirations of all stakeholders, upholds the principles of fairness, equality, and human rights, and promotes a just and inclusive society.

Signatories (67) not included