Are proposed citizenship law changes ignoring root causes of statelessness?

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Proposed Citizenship Law Changes Overlook Root Causes of Statelessness

The Malaysian government's proposed amendments to citizenship laws are criticised for failing to address the fundamental reasons why children become stateless. While the amendments aim to rectify gender discrimination by allowing Malaysian mothers to pass citizenship to their overseas-born children, other proposed changes could inadvertently create or perpetuate statelessness by discriminating against vulnerable groups. These concerns highlight a disconnect between the legislative intent and the practical realities faced by stateless children in Malaysia.
Disconnect from Circumstances Leading to Statelessness

Suhakam, through its children's commissioner Farah Nini Dusuki, has articulated that the proposed amendments are detached from the contextual circumstances that render individuals, particularly children, stateless. The focus on amending citizenship for children of Malaysian mothers born abroad, while a positive step against gender discrimination, risks overshadowing or conflating with other proposed changes that could negatively impact stateless children. This approach fails to acknowledge the diverse situations leading to statelessness, such as abandonment, adoption by Malaysian parents without citizenship conferral, or unregistered marriages of Malaysian fathers with non-Malaysian mothers.
Broader Implications for Stateless Children

The proposed changes extend beyond facilitating citizenship for children of Malaysian mothers. Reports indicate that other amendments are being considered which could remove constitutional protections for certain categories of stateless children, thereby restricting their rights and potentially entrenching statelessness across generations. Suhakam argues that the government has a fundamental obligation to dismantle barriers to citizenship for children, asserting that they should be recognised as "full rights holders" with an inherent right to acquire citizenship, rather than having this right contingent on parental status.
Historical Safeguards and Expert Concerns

The Federal Constitution, through Article 15A, was initially conceived as a safeguard, proposed by former prime minister Tun Abdul Razak Hussein, to address statelessness for children under 21 in special circumstances. However, concerns have been raised that the current proposals might weaken or remove such constitutional protections. Legal experts like Prof Datuk Shad Saleem Faruqi from Universiti Malaya have expressed alarm, describing the proposals as potentially "inhuman, cruel, heartless" and in violation of Malaysia's international commitments, including the UN Convention on the Rights of the Child.
Calls for Reconsideration and Dialogue

In light of these concerns, civil society groups have urged the government to reconsider the proposed amendments that could negatively affect stateless children. They advocate for a thorough consultative dialogue with all relevant stakeholders to ensure that any changes are just, proportionate, and, crucially, in the best interests of the children involved. The intention behind the amendments, as articulated by Suhakam, should be to actively reduce statelessness and uphold the rights of children.

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Are proposed citizenship law changes ignoring root causes of statelessness?

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