WE’RE standing at the crossroads of history as the government prepares to table a bundle of constitutional amendments that govern the right to be a Malaysian.
First, the good news: Women will finally be seen as equal to men in the eyes of the law when it comes to conferring citizenship on their children who are born overseas.
Previously, such children could only be counted as citizens if their fathers were Malaysian; it didn’t matter that their mothers were Malaysian.
It was an archaic view of citizenship that was long overdue for correction.
While those children are now safe, there will be a host of the most vulnerable kids who will no longer be automatically protected by being granted citizenship.
These are foundlings and abandoned babies, children whose births are not registered officially, children whose parents who do not have proof of citizenship – basically anyone without legal documents.
Documentation is often ignored in rural populations, among the Orang Asli and Orang Asal, among communities deep in the interior of the country.
The commendably progressive law we have on the books currently grants citizenship to such children.
Why does the supposedly inclusive Madani government want to roll back this rule?
According to the Malaysian Bar, the proposed amendments would alter citizenship by “operation of law” to citizenship by “registration”.
Here’s one example of how harmful this could be:
A newborn is left abandoned, or a baby is dumped, or a child’s parents don’t register their child’s birth, or the parents never acquired proof of citizenship – in all these situations, the child has to basically beg the state to recognise his or her citizenship by applying to the National Registration Department.
Without proof of registration, a child will not be able to go to school, will not be able to access government-funded medical care, and – once an adult – will not be able to open a bank account or travel outside the country.
This child did not ask to be born and cannot be held responsible for the actions – or lack of action – of his or her parents. So why should he or she be penalised?
The irony burns in particular when it comes to the Orang Asli and Orang Asal.
These are the people who have been living in this part of the world long before there was anything called Malaysia – and now their children risk not being citizens of this nation.
Responding to criticisms, the government has trotted out successful citizenship applications.However, that does not in any way address the concern that “citizenship by registration” rather than by “operation of law” is open to abuse, not to mention unconscionably long delays as cases become trapped in a morass of red tape.
The government’s rationale behind these amendments – the need for population control and to increase national security – must be re-examined.
There must be ways to address these concerns without penalising innocent children.
This is a bureaucratic issue, not a constitutional one.
The calls for reform are loud and clear: Separate the progressive amendment allowing Malaysian mothers to confer citizenship from the rest of the amendments package and engage in transparent discussions and consultation with various stakeholders, including civil society, legal experts, and those affected by statelessness, to ensure that the constitutional changes truly stand for fairness and respect for all people.
You know that famous quote, “A nation is judged by how it treats its most vulnerable people”?
Well, Malaysia would be judged most harshly if we penalise the most innocent of all among us – children.
