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PM: Amendment to Federal Constitution to resolve citizenship issue of children born overseas to be made at next Parliament sitting

KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim said the government will be tabling the amendments to the federal constitution to resolve the citizenship issue involving children born overseas to Malaysian mothers.

In his keynote address at the opening ceremony at the International Malaysia Law Conference 2023 here today, Anwar said the amendments were expected to be tabled during the next Parliamentary sitting in September.

Anwar said the amendments are to replace the words "whose father" with "at least one of the parents" in Part 1 and Part 11 of the Second Schedule of the Constitution.

"On the plight of stateless persons, the Home Ministry has received numerous citizenship requests under Article 15(A) of the Federal Constitution, which underscored the urgent need for actions. Several critical issues contribute to the challenges faced by stateless persons in Malaysia.

"As for children born overseas to Malaysian mothers, efforts are already underway to resolving the issues of citizenship for them.

"InsyaAllah (God Willing), we will able to table amendments to the federal constitution to resolve this issue," he said.

Present at the ceremony were Yang di-Pertuan Besar Negri Sembilan Tuanku Muhriz Tuanku Munawir, Tunku Ampuan Besar Negri Sembilan Tuanku Aishah Rohani Tengku Besar Mahmud, Tunku Besar Seri Menanti Tunku Ali Redhauddin Tuanku Muhriz and Tunku Zain Al-'Abidin Tuanku Muhriz, who is also the Institute for Democracy and Economic Affairs (IDEAS) founding president.

Also in attendance were Chief Justice Tun Tengku Maimun Tuan Mat and Court of Appeal president Tan Sri Abang Iskandar Abang Hashim.

Anwar added that he is expected to present the matter with the Conference of Malay Rulers within the next one or two days.

"Under the existing laws, only the father (if the child born overseas to a Malaysian father) is allowed (to pass down his citizenship).

"This is not fair if we only grant the matter to the (Malaysian) father and not the (Malaysian) mother."

In his speech, Anwar also announced that the time had come for a review of the Whistleblower Protection Act 2010.

"The time has come for a review of the Whistleblower Protection Act with a view to expanding protection and avenues for disclosure to appropriate agencies without fear of punishment.

"In tandem with this, I would like to call on members of the legal fraternity to continue to support our initiatives to institutionalise good governance by advocating transparency and reinforcing our current efforts against the gross abuses to power and corrupt practices of those who have full control over the reins of power."

Anwar also announced an increase of RM10 million in allocation for the National Legal Aid Bureau.

"I am glad to note that the module (the National Legal Aid Bureau) has seen hundreds and thousands of persons represented in criminal proceedings.

"I have seen hundreds of prisoners being given the chance to defend themselves reasonably in a fair trial," he said.

Anwar later told reporters that the increase in the allocation for the bureau was to allow the people, especially those from the poor, to have access to legal representation.

"There were instances where small cases were postponed as these people did not have the financial access to legal representation.

"Therefore, I hope the increase in the allocation will help the poor who are unable to pay for their legal fees," he said.

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