LETTER | Halt regressive citizenship amendments

LETTER | As representatives of the Malaysian Citizenship Rights Alliance (MCRA), we have consistently expressed serious reservations about the proposed revisions to citizenship laws currently under review.

These proposed changes, in their current form, deviate from the core principles of justice, equality and respect for human dignity that are fundamental to our country's ethos and advancement.

According to a press release in December, the Attorney- General’s Chambers has been drafting the proposed amendments to the Federal Constitution and may have finalised this process.

While one of the proposed amendments aims to grant citizenship to children born abroad to Malaysian mothers – and should be lauded – five other proposed amendments, in their current form, threaten to introduce regressive measures that could disenfranchise certain segments of our population.

Foundlings, abandoned children and the children of stateless Malaysian residents would lose their right to citizenship.

The constitutional protection against statelessness would also be removed, especially for elderly stateless persons, children born pre- marriage, adopted stateless children and other vulnerable individuals.

Additionally, foreign spouses of Malaysian men are at risk of statelessness if their marriage ends within two years of acquiring Malaysian citizenship. Lastly, stateless children would have shorter timeframes to apply for citizenship through the citizenship-by-registration provision, exacerbating their challenges.

Prime Minister Anwar Ibrahim himself has criticised the administrative hurdles that stateless children must overcome in seeking citizenship; yet the current proposed amendments would further exacerbate the difficulties they face.

“These are genuine cases of children who were born and raised in Malaysia, and who qualify to be citizens under our Constitution; under our laws and Constitution no child should or can be rendered stateless,” Anwar wrote in 2017.

He added - “It is shameful that stateless children have to file legal actions and be dragged through a series of appeals simply to obtain the basic right of citizenship.”

Therefore, we urgently appeal to you, as members of the executive body of the government and a custodian of our nation's laws, to take immediate action to halt these five regressive citizenship amendments.

We believe that it is imperative to uphold the integrity of our citizenship laws and ensure that they reflect the values of justice, equality and respect for human dignity.

Such amendments not only go against the spirit of inclusivity and unity upon which our nation was founded, but also risk exacerbating existing social divisions and inequalities.

Disclose draft bill to public

We strongly urge the cabinet to promptly disclose the draft bill as a Green Paper and make it available for public consultation. A Green Paper would enable stakeholders to consider policy options to address proposed regressive amendments thoroughly, avoiding rushed decisions.

Without access to the precise wording, the public cannot fully assess the implications of the proposed changes that will affect their lives.

Meaningful public engagement is vital in a democracy, ensuring all stakeholders can provide input on matters affecting their rights. Transparent and inclusive consultation processes demonstrate the government's commitment to accountability and respect for citizens' voices.

MCRA is a coalition of concerned citizens, activists and organisations dedicated to upholding the rights and dignity of all stateless persons and those impacted by discriminatory citizenship laws.

We implore you to consider the grave implications of the proposed citizenship amendments and prioritise the protection of citizenship rights for all individuals in Malaysia.

We stand ready to engage constructively with the government and other stakeholders to ensure that our citizenship laws uphold the principles upon which our country was founded and with which our nation advances.

We thank the ministers’ attention to this urgent matter and remain hopeful for a positive outcome that safeguards the rights and wellbeing of all Malaysians.

The statement is endorsed by nearly 100 NGOs and activists including All Women's Action Society, Centre for Independent Journalism, G25 Malaysia, Dr Amar-Singh HSS and Andrew Khoo.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.