Proposed Amendment Spark Concern: How Will It Impact Malaysia's stateless Community?

Proposed amendment sparks concern: How will it impact Malaysia’s stateless community?

The proposed amendment to the Federal Constitution on citizenship in Malaysia has raised significant concerns regarding its potential impact on the stateless community. Many are questioning what this amendment entails and how it will affect those who are already stateless.

Zaid Malek, a representative from Lawyers For Liberty, expressed his deep concern, stating that this amendment could be the final blow to countless stateless individuals in Malaysia.

One of the key issues with the amendment is the exclusion of four categories of statelessness. This exclusion raises questions about the fairness and inclusivity of the proposed changes. It leaves behind vulnerable individuals who are already struggling to find a sense of belonging and legal recognition.

Furthermore, the amendment includes the removal of the right of abandoned children or orphans to citizenship, specifically targeting Section 19b of the Second Schedule of Part III. This removal raises serious concerns about the rights and protections of these marginalized children, denying them access to a fundamental aspect of their identity and potentially perpetuating their statelessness.

Additionally, the proposed amendment eliminates the safeguard against statelessness outlined in Section 1(e) of the Second Schedule Part II. This removal further weakens the protective measures against statelessness, potentially leaving individuals at risk of being left without a nationality and the associated rights and protections.

Some argue that strengthening the ministry’s prerogative on granting citizenship is a positive step. However, this approach does not provide comprehensive and perpetual judiciary safeguards against statelessness. Without strong judicial oversight, there may be a lack of accountability and potential for abuse or arbitrary decisions in the process of granting citizenship.