What constitutional protections are being removed for stateless children?

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Proposed Constitutional Amendments Risk Worsening Statelessness for Children

Civil society organisations (CSOs) have expressed grave concerns regarding proposed amendments to Part III of the Federal Constitution, arguing that they could restrict fundamental liberties and rights of stateless children, potentially exacerbating intergenerational statelessness. While CSOs were engaged by the Ministry of Home Affairs on June 23, 2023, a draft amendment bill has not been provided, hindering a comprehensive understanding of the proposed changes and their implications. The amendments are noted to move away from the paramount consideration of a child's best interests, a principle Malaysia has committed to as a signatory to the UN Convention on the Rights of the Child.
Removal of Existing Constitutional Safeguards for Stateless Children

A primary point of contention is the proposal to remove existing constitutional protections for certain categories of stateless children. This action is seen as contradictory to the stated aims of reducing childhood statelessness and appears to leave these vulnerable children without any legal recourse or safeguards. The CSOs highlight that such a move would deny these children a fundamental aspect of their identity and their ability to access essential services like education and healthcare, making them susceptible to exploitation and marginalisation.
Impact on Adopted Children and Other Vulnerable Groups

While amendments enabling Malaysian mothers to confer citizenship to their overseas-born children are welcomed, and the Minister's efforts in prioritising citizenship for adopted children are acknowledged, the proposed constitutional changes do not adequately safeguard adopted children. This leaves them at risk should internal policies shift or the government change. The broader issue of statelessness affects foundlings, children separated from parents, those born out of wedlock, and children born to stateless parents, all of whom can fall through legal gaps.
Lack of Transparency in the Amendment Process

The process surrounding the proposed amendments has been criticised for a lack of transparency. CSOs report that they have only been given a summary or gist of the amendments, rather than the full draft bill. This absence of detailed documentation prevents thorough scrutiny and understanding of the precise intentions and potential consequences of the proposed changes. A comprehensive review is deemed essential for amendments to be just, proportional, and truly in the best interests of the children affected.

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What constitutional protections are being removed for stateless children?

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