The proposed amendments would, among others, subject abandoned children to discretionary citizenship, placing the burden of proof on the children as to their parentage. - NSTP file pic
The proposed amendments would, among others, subject abandoned children to discretionary citizenship, placing the burden of proof on the children as to their parentage. - NSTP file pic

KUALA LUMPUR: The government is expected to make a decision on the proposed amendments to the Federal Constitution on citizenship matters this week.

"The paper (on the amendments) was brought to the cabinet last week.

"Home Ministry officials are expected to meet party whips on the matter today," a source close to the matter told the New Straits Times.

The Malaysian Citizenship Rights Alliance (MCRA) urged the government to promptly disclose the draft bill as a Green Paper and make it available for public consultation.

"The Green Paper would enable stakeholders to consider policy options to address proposed regressive amendments thoroughly, avoiding rushed decisions.

"Without access to the precise wording, the public cannot fully assess the implications of the proposed changes that will affect their lives," it said in a statement.

Transparent and inclusive consultation processes demonstrate the government's commitment to accountability and respect for citizens' voices, it said.

Development of Human Resources in Rural Areas social protection director Maalini Ramalo asked whether the government was planning to go ahead with the proposed amendments, as previously reported, or if there was a revision done on them.

"Members of parliament have been receiving cases of stateless children and as a person handling such cases, the problem will only get worse if the amendments are maintained as they are.

"How is the Madani government going to make sure that the stateless children are protected?" she asked.

Various non-governmental organisations had raised concerns about the proposed amendments, saying that the amendments would take away the existing safeguards for stateless children.

If approved, it could further worsen the stateless children problem in the country, said experts.

The proposed amendments would, among others, subject abandoned children to discretionary citizenship, placing the burden of proof on the children as to their parentage.

The NGOs have called for the decoupling of the proposed amendments to the Federal Constitution on citizenship matters.

They suggested that the government proceed with the amendment to enable Malaysian mothers to confer automatic citizenship to their children born abroad, but put a halt on the others until further study is done.

It also highlighted the government's election manifesto to safeguard citizenship rights to amend Article 14(1)(b), Sections 1(b) and 1(c) of Part II of the Second Schedule to grant Malaysian mothers the equal right that of the fathers.

Currently, the Federal Constitution only recognises citizenship through fathers, which means that children born to Malaysian mothers outside of the country cannot obtain Malaysian citizenship automatically.

The NST has reached out to Home Minister Datuk Seri Saifuddin Nasution Ismail's office on the matter.