PETALING JAYA: Activists argue that the government should abandon proposed amendments to the Federal Constitution as they believe it will create a new group of stateless individuals. They stated on Wednesday (August 30) that infants and children will suffer from birth because of these new amendments which contradict the fundamental purpose for its original inclusion in the Federal Constitution. The activists who jointly issued this statement are Datuk Ambiga Sreenevasan, Datuk Hartini Zainudin, Latheefa Koya, and Maalini Ramalo.
According to the statement, the removal of section 1(e) of the 2nd Schedule of Part 2 of the Constitution will have severe consequences for individuals who are rendered stateless due to their birth circumstances. The activists point out that the Malaysian Constitution of 1957 granted citizenship to anyone born on Malaysian soil under the principle of “jus soli”. However, in 1962, amendments were made to require that at least one parent must be a citizen in order for citizenship to be granted to the child. To prevent the risk of rendering individuals stateless with this new requirement, section 1(e) was introduced into the Constitution.
The activists praised the foresight of the drafters of this 1962 amendment in providing an essential safety net through section 1(e). They emphasized that removing this section will result in the establishment of a new marginalized group living in a country that denies their legitimate existence and systematically excludes them from participating in society on equal footing.
Additionally, the government’s proposed amendments aim to remove section 19B of the 2nd Schedule Part 3, which eliminates the right of foundlings (abandoned children or orphans) to citizenship. The activists contend that this amendment intends to nullify a landmark decision of the Federal Court related to the rights of foundlings to citizenship, undermining the court’s reasoned and progressive ruling.
The activists further highlight that these amendments extend beyond removing the rights to citizenship of permanent residents, potentially leaving children of permanent residents stateless. They describe these proposed amendments as cruel, driven by the misguided belief that stateless individuals pose a security risk when in fact they are innocent victims of bureaucratic gaps.
Despite public outcry, the government plans to present these amendments for consent at the Conference of Rules in October. The activists emphasize the devastating consequences of statelessness, as stateless individuals are denied access to education, healthcare, gainful employment, and all other rights afforded to Malaysian citizens. They are often forced into low-paying or even dangerous and illegal work, constantly under threat of harassment, detention, or extortion even by rogue law enforcement officers.
On the occasion of National Day, the activists urge the government to prioritize the plight of stateless individuals. They argue that the government’s promotion of unity and hope among Malaysians cannot come at the expense of the stateless. Therefore, they call for the immediate abandonment of these harmful amendments to the Federal Constitution.
Credit: The Star : News Feed
