KUALA LUMPUR: The government today stands corrected that there is no denying the rights of foundlings over the amendments proposal to the Federal Constitution pertaining to citizenship.
Home Minister Datuk Seri Saifuddin Nasution Ismail said foundlings could also be granted citizenship rights as long as their births were registered in a completed manner upon discovery.
He said should the application be denied under Section 19B, the process could still be made under Section 15A of the Federal Constitution.
"Stop using the term 'denying' the right to citizenship. If they cannot obtain (citizenship) under Section 19B, we will process it under Section 15A (of the Federal Constitution).
"They will still be given citizenship rights and there is no denying (the rights of foundlings)," he said during the minister's question time in Dewan Rakyat, today.
He said this in response to Mohamad Shafizan Kepli (GPS-Batang Lupar) on the concerns raised by rights groups over the amendments to the Federal Constitution pertaining to citizenship which seemed regressive.
Section 19B stipulates that abandoned children and foundlings be presumed to be born to Malaysian parents at the time of their birth if the identity of their biological parents cannot be identified.
Article 15A, meanwhile, grants the government a special power to register children as citizens.
Meanwhile, Saifuddin also said that the government is currently in the process of finding the best formula through engagement sessions with all members of parliament, including opposition leader Datuk Seri Hamzah Zainuddin and chief whip Datuk Seri Takiyuddin Hassan to resolve the issue before the amendment is tabled in Dewan Rakyat.
This, he said, was because the perspectives over foundling babies vary between different parties.
"One perspective advocates granting citizenship solely based on one being born here, regardless of where they (the foundlings) are found or who their parents are, based on humanity.
"Another end views (the issue) in a legal perspective where the country has a constitution, laws and regulations that must be followed.
"Hence, the government is trying to harmonise, clarify and balance the two perspectives.
"Best believe that when we table the amendment, we will also request all lawmakers to participate in the process and together take the responsibility to ensure that the rights of children must be guaranteed and protected."
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.
On March 8, Saifuddin announced that the cabinet had given the green light for the proposal over the Federal Constitution amendment involving citizenship to be tabled in Dewan Rakyat.
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.
Various groups have denounced the amendment, saying it may block the pathway to citizenship for stateless children and foundlings
