Citizenship a Constitutional right, not the government's, says LFL

PETALING JAYA: The Federal Constitution provides for citizenship to be granted to anyone who meets the specified criteria and the government does not have any "exclusive right" in deciding, says Lawyers for Liberty.

Its director Zaid Malek said Article 14 of the Constitution confers citizenship as a right if a person falls within the criteria listed under Parts I and II of the Second Schedule.

"There is no room for interference or obstruction by the Federal Government should one fall within the listed criteria," he said in a statement on Wednesday (Oct 4).

He was referring to the Oct 1 statement by Home Minister Datuk Seri Saifuddin Nasution Ismail that the ministry was considering over 9,000 citizenship applications for approval as of September.

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“Granting citizenship to non-citizens is the highest award and exclusive right of the Federal Government, thus it cannot be given easily,” Saifuddin had said after a ministry programme.

Zaid said this was tantamount to usurping the rights guaranteed to Malaysians under the Constitution.

"The stand of the Home Minister is the root cause of the National Registration Department's (handling of) the cases of stateless Malaysians born in this country.

"There are tens of thousands of cases where those who are citizens (by right) under the Constitution are denied citizenship despite falling squarely within the criteria listed under Parts I and II of the Second Schedule of the Constitution.

"Although the NRD's (reluctance) to comply with citizenship laws under the Constitution has been a longstanding issue even before the current government was formed, the Pakatan Harapan-led government is making matters worse," he said.

According to Zaid, proposed amendments to citizenship laws under the Constitution amount to an attempt to restrict citizenship qualifications, dashing the hopes of those who are currently stateless to be recognised.

He said this would create a new generation of stateless individuals, who by right should be Malaysians but would be deprived of citizenship should these amendments be passed.

"We urge the government to act in accordance with the Constitution and cease all attempts to usurp the rights of citizens granted under the Constitution as the current course is reckless and unlawful," he added.