KUALA LUMPUR: Amidst proposed amendments to the Federal Constitution regarding citizenship, an advocacy group has emphasised the need to scrutinise the potential implications from the amendments.
Despite assurances by Home Minister Datuk Seri Saifuddin Nasution Ismail that citizenship opportunities remain for foundlings upon prompt birth registration, concerns loom over the proposed changes.
The Development of Human Resources in Rural Areas director of social protection Maalini Ramalo highlighted that the amendments entail a shift from citizenship by operation of law to a citizenship registration process.
"Both citizenship pathways necessitate birth registration and verification. Once citizenship provisions shift to discretionary by the government, it absolves the government of its duty to ensure that the child obtains citizenship.
"Neither members of Parliament, courts, nor the rakyat can question a lack of protection for such a vulnerable child," she said when contacted.
Yesterday, Saifuddin reiterated that the opportunity for citizenship remained open for foundlings, as long as their births were registered promptly upon discovery.
In response to Saifuddin's assertion that "grown-up" abandoned children should not be processed under the foundling provision, Maalini said while it is valid, it is wrong to group all stateless children to be processed under 15A.
"Once a child is established stateless, they must be safeguarded under section 1(e) rather than 15A. What remains under discussion is one of the amendments towards section 1(e) which is a constitutional safeguard towards stateless children is being removed as well," she said, stressing the importance of maintaining this provision to prevent stateless children with strong ties to Malaysia from being subjected to discretionary citizenship processes.
She added over the years, the government has neglected its responsibilities towards stateless children born, adopted, or abandoned by Malaysian citizens.
"In addition to claiming no stateless persons in Malaysia, when its citizenship law is creating statelessness among its own Malaysian families.
"Section 15A should be utilised when the government seeks to register individuals below the age of 21 under special circumstances. However, when a child is stateless, section 1(e) should come into effect to protect them, particularly if they lack access to citizenship in another country."
The proposed citizenship law amendment has drawn sharp criticism from civil rights activists and organisations, as well as several members of Parliament, as it may significantly affect foundlings and stateless children in the country.
Among them was Pasir Gudang MP Hassan Abdul Karim who has vowed to fight the proposal.
A news portal reported that Hassan vowed to fight the proposal, especially the part where the government wants to block foundlings from getting automatic citizenship.
Hassan claimed that the government has no reason to amend the provision regarding granting citizenship to abandoned children.
Bukit Gelugor MP Ramkarpal Singh during the debate on the royal address in Dewan Rakyat recently said the government's proposal to amend the Federal Constitution regarding citizenship matters, particularly foundlings, was illogical and unreasonable.
Last Friday, Saifuddin said the cabinet had given the green light for the proposed amendments to the constitution over citizenship to be tabled in Dewan Rakyat.