What are the concerns surrounding regressive amendments alongside the Citizenship Bill?

Question

Accepted Answer

Concerns Regarding Regressive Amendments Alongside the Citizenship Bill

DHRRA Malaysia has expressed significant concern regarding three regressive amendments that were passed concurrently with the Citizenship Bill in the Dewan Negara. While the Citizenship Bill itself aims to address gender inequality by allowing Malaysian women to secure citizenship for their overseas-born children, these accompanying amendments introduce potential vulnerabilities, particularly for stateless children. The organisation highlights that many locally-born children, including those from indigenous communities or families with limited literacy, may face increased risks due to issues such as late birth registrations or unregistered marriages.
Provisions Affecting Children of Permanent Residents and Age Limits

One of the regressive aspects noted by DHRRA Malaysia is the provision that children of permanent residents (PR) will now be issued with PR status. While this offers a pathway to basic rights, it is feared that this could perpetuate two generations of statelessness if not adequately managed, as it relies on standard operating procedures (SOPs) rather than constitutional safeguards. Additionally, a new SOP aims to address an age reduction provision, allowing individuals aged 18 and above, who previously aged out of the Article 15A pathway, to pursue citizenship through naturalisation under Article 19(1). However, for individuals holding a MyKAS (Green IC) for over 10 years, the new policy still requires them to hold the card for that duration before becoming eligible for PR status, followed by an additional 12-year wait for citizenship through naturalisation. This lengthy process is seen as potentially inequitable, especially for those who have already waited decades for a clear citizenship pathway.
Revocation of Citizenship for Foreign Spouses and Lack of Oversight

Another area of concern pertains to the proposed provision allowing for the revocation of citizenship for foreign spouses who divorce within two years of marriage. Although the government has clarified that foreign wives must first hold a five-year spouse visa and cannot obtain citizenship within the initial two years, the existence of such a revocation clause raises anxieties. DHRRA Malaysia notes that while the government has assured that citizenship will not be revoked without careful consideration of the risk of statelessness, and that decisions will depend on complaints and an investigation task force, the criteria and exact process for this consideration could be further detailed. The organisation also points out that SOPs often operate without parliamentary oversight, which can lead to inconsistencies and potential injustices.
Vulnerabilities Arising from Late Registrations and Unregistered Marriages

The potential adverse consequences for stateless children are a central point of DHRRA Malaysia's concern. The amendments, coupled with existing systemic issues, could exacerbate vulnerabilities for children born locally, particularly those from indigenous communities (orang asal/asli), especially those residing in rural areas or from families with lower literacy levels. These vulnerabilities stem from challenges such as late birth registrations or unregistered marriages within their families, which can create significant hurdles in establishing legal identity and subsequently securing citizenship. DHRRA Malaysia advocates for increased awareness and public understanding of these risks to ensure that vulnerable and stateless children are protected from the negative repercussions of these amendments.

Reading history

Hide →

This history is cleared when the page is closed.

What are the concerns surrounding regressive amendments alongside the Citizenship Bill?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends