Not mutually exclusive: The Rights of Stateless Children did not have to be compromised in the name of Equality

Not mutually exclusive: The Rights of Stateless Children did not have to be compromised in the name of Equality

17 October 2024

While welcoming the good support from MPs for the constitutional amendments giving Malaysian mothers equal rights to pass on citizenship to their children born overseas, the Malaysian Citizenship Rights Alliance (MCRA) expresses profound disappointment in the ongoing parliamentary debate on the citizenship amendments which seem to trade the rights of children to identity and nationality for the right to equality of Malaysian mothers. This misguided approach undermines both fundamental human rights and the broader goal of achieving equality.

It is equally alarming that lawmakers have failed to grasp the critical distinction between citizenship as a privileged status and as a fundamental right. For those already holding another country’s citizenship, it may be seen as an honour. However, for those without citizenship, it is a vital right, providing access to essential rights and services.

A total of 59 MPs have presented speeches and suggestions during the debate on the Bill, and while all have spoken in favour of the amendment to give equal rights to Malaysian mothers, more than 35 have given personal accounts of statelessness in their constituencies and repeatedly raised concerns regarding the 3 amendments namely: children of permanent residents (PR) losing right to automatic citizenship, many of whom are children of parents with strong parental connection to Malaysia; citizenship applications of stateless children above the age of 18; and foreign spouses to Malaysian men.

During the ongoing debate, the Home Minister, Datuk Seri Saifuddin Nasution Ismail, called a media briefing, during which he affirmed the impact of the proposed amendments by stating, “The right to citizenship for approximately 30,000 local-born permanent residents (PR) will not be affected by the changes to the laws.” He assured the public that the citizenship issues faced by this group would be addressed, promising, “I will be discussing this issue when I conclude the debates on the Bill on Thursday (October 17). I will provide a way out.”

Concurrently, MPs participating in the debates in the Dewan Rakyat raised concerns about the plight of local-born permanent residents. Their debates clearly demonstrated a lack of awareness of the proposed ‘way out’ or having insufficient opportunity to deliberate on whether the proposed solutions are genuinely acceptable and do not contribute to the perpetuation of statelessness. Many suggested that the regressive amendments must have Parliamentary Select Committee oversight.

During the press conference, the Home Minister also sidestepped the issue of permanent resident (PR) holders among the Orang Asal and other indigenous communities. It is concerning that, despite MPs from Semporna, Pasir Gudang, Puchong, Beaufort, Masjid Tanah, Sri Gading, Rantau Panjang, Batang Sadong, and Kota Belud raising clear concerns and referencing the existence of stateless PRs who are Orang Asal, the Minister confused himself by stating that stateless Orang Asal would not be impacted by the amendments based on Article 160 and 161 of the Federal Constitution. But, this would be dependent on whether these individuals have the necessary birth and marriage registrations. The Minister’s response reflects a clear lack of clarity and understanding of the issues which affect the stateless Orang Asal. To date, KDN has not acknowledged its discrimination and lack of care in its past policies, and failure to issue citizenship and identification documents to previous generations of local communities, thereby causing the growth of homegrown statelessness..

In acknowledging that there are locals who are holders of red ICs (i.e. with PR status), yet declaring that there is no homegrown statelessness in Malaysia, the Minister has once again contradicted himself and shown that he is confused. Every local who is a holder of a red IC, is stateless because they are not a citizen of any country. This will directly affect the children of local-born PRs who will no longer be entitled to automatic citizenship.

How can this Bill be voted on when the Minister himself is so ill-advised, misled and confused? The Minister must heed the call of the MPs who have called for the Bill and its policies to be sent to the PSSC for review and oversight to ensure ongoing accountability.

Betrayal of Trust

MPs have both a national and international obligation not to betray the trust placed on them to ensure the protection of children through the creation of just laws. May it weigh heavy on the conscience of every MP who sacrifices the most vulnerable of children who depend on the MPs to examine the impact of legislative provisions and to vote in accordance with what is right and just. In addition, the oath of office taken by each MP is not merely a formality, but a solemn promise to defend the Constitution and protect the rights of all citizens (even those who by maladministration have not been accurately documented as citizen).

Call to Action

We urge all citizens to join us in holding our elected officials and government bodies accountable. Together, we can ensure that our representatives honor their oath of office, adhere to constitutional principles, and prioritize the protection of our children’s rights and those of all vulnerable residents.

MCRA remains steadfast in its commitment to creating a Malaysia where every child’s rights are respected, protected, and fulfilled, and where those with no other place to call home find safety and dignity. We call upon our MPs, the Home Minister, and the Home Ministry to remember their sworn duty and act decisively to safeguard the future of our nation’s children and all vulnerable residents. MPs should continue to insist that the bill be decoupled i.e. Proceed with the mother’s bill, allow MPs to vote separately on each clause and sendthe regressive provisions to the PSSC to ensure actionable safeguards are spelt outin the constitution.

Malaysian Citizenship Rights Alliance (MCRA)