KUALA LUMPUR: The government's proposal to amend several provisions on citizenship matters in Part II of the Second Schedule of the Federal Constitution was aimed at preventing the misuse of obtaining Malaysian citizenship.
Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah said this includes the government's proposal to abrogate Section 1(e) and Section 2(3) in Part II of the Second Schedule, which fundamentally protects any person from becoming stateless.
"The rationale for this amendment aims to prevent Section 1(e), which needs to be read together with Section 2(3) of the Second Schedule from being misinterpreted and misused to obtain citizenship.
"This includes (the misuse) from certain groups who are not eligible, such as illegitimate children who claim that they do not have any citizenship at birth," he said during the question and answer session in Dewan Negara, today.
Shamsul Anuar said this in response to a question from Senator Datuk Sri Ti Lian Ker who enquired about the government's rationale in the proposal to abrogate Section 1(e) in Part II of the Second Schedule following concerns raised by certain quarters.
In February, the government announced that the cabinet had agreed to amend the Federal Constitution to allow Malaysian mothers married to foreigners to be able to obtain automatic citizenship for their children born abroad.
This involves the amendment of Section 1(1)(d) and Section 1(1)(e) of Part I in the Second Schedule, and Section 1(b) and Section 1(c) in Part II of the same schedule.
However, Home Minister Datuk Seri Saifuddin Nasution Ismail in June announced that the proposed amendments to Part III of the Federal Constitution would be presented to the Conference of Rulers in July and that the government was in the process of finalising the proposed amendments comprehensively.
Some of the key proposed amendments include entirely removing sections 1(e) and 2(3) of the Second Schedule, Part II of the FC; removing the right of foundlings, including abandoned children to citizenship by operation of law under Section 19B of the Second Schedule in Part III of the constitution; and removing the words "permanently resident" in Section 1(a) of the Second Schedule in Part II of the constitution.
Meanwhile, Shamsul Anuar said the government is currently in the process of preparing the bill for the proposed amendment to Part III, which will be presented in the Dewan Rakyat in the upcoming session.
He added that the preparation of the bill has also undergone a comparative analysis among several countries including the United Kingdom (UK), Singapore and Japan.
"For information, we have carried out a comparative analysis among countries, for example, we conducted a study with the UK, Singapore, Japan and several other countries (for the amendment).
"At the same time, holistic engagement sessions involving stakeholders such as academicians, members of parliament, senators, and non-governmental organisations (NGOs) have also been carried out several times.
"The ministry also takes into account the views given by the state government of Sabah and Sarawak, as well as chief whips from the opposition party relating to the matter."