KUALA LUMPUR: A human rights group has criticised Home Minister Datuk Seri Saifuddin Nasution's statement regarding the presence of an intact umbilical cord for abandoned babies as a criterion for citizenship, describing it as unlawful.
Lawyers for Liberty advisor N Surendran said it was strange for the minister to make such a statement as no part of the law requires this.
Saifuddin was reported by the media as saying the government would allow citizenship for abandoned babies through registration, but only for babies with their umbilical cords intact.He said those without their cords or older stateless children may apply for citizenship through registration.
Meanwhile, Surendran stressed that denying citizenship based on such arbitrary criteria would only perpetuate the cycle of statelessness and marginalisation."This appears to be a criteria imposed at the whims of the Home Ministry. It is a misstatement of the law, which the minister has no right to make.
"This kind of thinking also reflects the ministry's mindset, which appears to exclude foundlings and children from citizenship," Surendran who is a former PKR MP said in a statement.Under the current constitution, provisions in section 1(a) and 1(e) of Part 1 of the 2nd Schedule, along with section 19B, ensure that abandoned newborns receive Malaysian citizenship.
"Saifuddin and his ministry now propose to repeal section 1(e) and 19B, deprive abandoned babies of any right to citizenship and throw them at the mercy of the Home Ministry. Thousands of qualified adult stateless Malaysians will also be denied."If the automatic provisions are repealed, and this power is transferred to the discretion of the Home Ministry, it will result in rejection or delay of applications and creation of a new class of stateless persons.
"This is cruel and of no benefit to the country's economy or interests. It will throw thousands of stateless children into existence in the gutters, bereft of the educational and employment benefits citizenship brings," he said.Last year, the government proposed eight amendments to citizenship provisions in the Federal Constitution, which included the granting of citizenship to stateless children and foundlings.
The Home Ministry said the amendments were aimed at preventing the misuse of obtaining Malaysian citizenship.
Various groups have denounced the amendment, saying it may block the pathway to citizenship for stateless children and foundlings.