KUALA LUMPUR – The cabinet has dropped controversial proposed constitutional amendments to remove automatic citizenship for foundlings and stateless children.
Home Minister Datuk Seri Saifuddin Nasution Ismail said today the decision was made after considering the views of many parties about amending the Federal Constitution to remove safeguards for citizenship for vulnerable children.
“Today the cabinet decided to maintain the original (wording of Sections) 19B and 14(1)(e),” Saifuddin said at a press conference after the cabinet meeting, referring to the proposed amendments to the constitution.
With this decision, the wording of Section 19B of Part III in the Second Schedule of the Federal Constitution will remain the same.
Section 19B states that any newborn child found exposed in any place shall be presumed to have been born there of a mother permanently resident there – until the contrary is known.
The government had planned to amend the wording so that foundlings would be granted citizenship only after registration, drawing huge protests from children’s and migrant rights activists, lawyers and other quarters over the “regressive” move.
Various groups had expressed concern that the amendment would worsen statelessness.
Section 14(1)(e), meanwhile, is in Part II of the Second Schedule of the constitution, and is on citizenship by operation of law (automatic) for those born within Malaysia.
Saifuddin said the government had initially wanted to change Sections 19B and 14(1)(e) so that foundlings would become citizens by registration.
The decision to retain the original wording was after the Home Ministry held extensive stakeholder sessions that included unity-government component parties, party whips, legal experts, various agencies, state representatives and MPs.
“The prime minister himself held discussions (about this matter) with the component parties of the unity government,” he said.
Saifuddin said that the last stage would be for his ministry to hold an engagement session with backbencher MPs this Monday, before the other proposed constitutional amendments on citizenship were to be tabled in the Dewan Rakyat “when a slot is available”.
Other proposed amendments include giving Malaysian mothers married to foreign spouses the right to pass citizenship on to their overseas-born children, something Malaysian fathers married to foreign women are currently only allowed to do.
While this particular proposed amendment has been well received, the government had been criticised for wanting to also include changes that would worsen statelessness for foundlings. – March 22, 2024