KUCHING: Proposed modifications to Malaysia’s citizenship legislation by the government of Prime Minister Anwar Ibrahim have sparked concerns that they may establish a new class of stateless people that includes children and have been dubbed “cruel” by opponents.
For Malaysian mothers married to foreigners, one change would automatically confer citizenship on children born abroad.
Critics claim that other groups’ citizenship rights will be taken away, which is why other planned amendments are making waves.
“As a non-governmental organisation committed to protecting and advocating for the rights of vulnerable children, expresses its strong disagreement with the proposed amendments to Section 19B, Part III of the Second Schedule,” said Pertubuhan Pembangunan Insan Sarawak (PPIS) chairperson Manjeet Kaur Sidhu.
The proposed amendment seeks to change the method of acquiring citizenship from “operation of law” to “registration,” particularly affecting foundlings and abandoned children.
“Currently, foundlings are protected under the Federal Constitution through the evidentiary provision mentioned, providing them automatic citizenship when the date and place of birth, as well as the status of their biological parents, are unknown and unprovable,” she commented.
PPIS believes that this amendment poses a significant threat to the rights of foundlings and abandoned children, as it removes their entitlement to automatic citizenship.
“By shifting the mechanism from “operation of law” to “registration,” the proposed changes would place the citizenship status of these vulnerable children under the discretionary power of the Home Minister,” she added.
This shift raises serious concerns about the potential for arbitrary decisions and the lack of a clear framework for evaluating each case. Placing the burden of proof on the child regarding their parentage is an unreasonable expectation, considering the circumstances that foundlings and abandoned children often face. These children may lack the necessary documentation or information to prove their parentage, thereby making them vulnerable to statelessness.
PPIS emphasises the importance of upholding the principles of justice, fairness, and protection of the rights of all children, regardless of their circumstances of birth.
The proposed amendment, in its current form, undermines these principles and places an undue burden on some of the most vulnerable members of our society.
“We call on the relevant authorities and ministries to reconsider these amendments and engage in a comprehensive and inclusive dialogue with civil society organisations, child rights advocates, and legal experts to ensure that any changes made to the law prioritise the best interests and rights of the child,” she said.
