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Amendment on citizenship law gets Cabinet green light

PUTRAJAYA: The Cabinet has given the green light for the proposal over the Federal Constitution amendment involving citizenship to be tabled in Dewan Rakyat.

Home Minister Datuk Seri Saifuddin Nasution Ismail said the ministry would also submit a request to the Dewan Rakyat's secretary for the amendment to be included in the House proceedings, this year.

"Following this, the ministry will also continuously engage with related stakeholders as well as individuals over the amendment," he said in a press conference, today.

The amendment amends subsection (b) of article 14 to include the term "mother" in order to facilitate the legal acquisition of the child's citizenship.

Saifuddin added that an engagement session with members of parliament, including opposition party leaders had also been conducted.

"I have also met the Public Accounts Committee (PAC) chairman on human rights as well as the chairman for women and children.

"Following this, I will continue to have an engagement session with related parties for their feedback."

Last 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, Saifuddin in June last year 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.

At the same time, Saifuddin also dismissed claims raised by human rights groups that the amendment was seen as "regressive" towards the rights of foundlings.

"Matters concerning foundlings or abandoned children under the constitution fall under Article 19(b).

"This means that when a child is found abandoned, the person who finds them must report it (to the authorities), the Social Welfare Department, the police and the hospital for the next course of action.

"The child can subsequently obtain citizenship by legal enforcement."

He added that the government had also received 140,000 applications for citizenship. Of the total, he added that 49,000 applications were still pending.

"Hence, how are they being denied citizenship? If they surpass the baby age under Article 19A, the success rate is 98 per cent."

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