What constitutional protection against statelessness is being removed?

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Removal of Constitutional Protection Against Statelessness Threatens Vulnerable Groups

The proposed amendments to Malaysia's citizenship laws risk removing crucial constitutional protections that currently safeguard individuals from statelessness. These changes, if enacted, could disproportionately impact vulnerable populations, including elderly stateless individuals, children born out of wedlock, adopted stateless children, and foreign spouses of Malaysian men. The Malaysian Citizenship Rights Alliance (MCRA) has voiced significant concerns, asserting that these amendments could disenfranchise segments of the population and undermine the nation's foundational principles of justice and equality.
Existing Protections Against Statelessness

Currently, Malaysia's Federal Constitution provides safeguards that prevent individuals from becoming stateless. These protections are particularly important for those facing complex personal circumstances. For instance, the constitution offers recourse for foundlings, abandoned children, and children of stateless permanent residents to acquire citizenship. The removal of these constitutional protections would leave these individuals without a clear legal pathway to citizenship, potentially rendering them stateless.
Impact on Vulnerable Individuals and Families

The proposed revisions threaten to strip away the constitutional safety net, leaving specific groups at heightened risk. Elderly stateless persons, children born before marriage, and adopted stateless children would lose the existing protection against statelessness. Furthermore, foreign spouses of Malaysian men could face statelessness if their marriage dissolves within two years of the spouse acquiring Malaysian citizenship. These changes could destabilise families and leave individuals without legal status in the country where they reside.
Shortened Application Timelines and Exacerbated Challenges

Beyond removing existing protections, the amendments also propose to shorten the timeframes within which stateless children can apply for citizenship through the citizenship-by-registration provision. This measure would create additional hurdles for children who are already born and raised in Malaysia, making it more difficult for them to obtain citizenship. Prime Minister Anwar Ibrahim himself has previously highlighted the administrative difficulties faced by stateless children in their pursuit of citizenship, suggesting that these proposed amendments would worsen their plight.

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What constitutional protection against statelessness is being removed?

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