Why are foundlings at risk under the new citizenship proposals?

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Foundlings Face Risk of Automatic Citizenship Loss Under Proposed Amendments

Foundlings and abandoned children are at risk of losing their entitlement to automatic citizenship under proposed amendments to Malaysia's citizenship laws. Previously protected by the Federal Constitution, which granted them the benefit of the doubt regarding their origins, these children will now be subject to the Home Minister's discretionary power. This shift places the burden of proof on the child to establish their parentage, a task often impossible for those without any known background.
Shift from Operation of Law to Registration

The proposed changes aim to amend Section 19B of Part III of the Second Schedule of the Federal Constitution. Currently, citizenship for foundlings is granted by "operation of law." However, the amendment seeks to change this to citizenship by "registration." This alteration means that automatic entitlement will cease, requiring a different process that introduces uncertainty.
Discretionary Power and Burden of Proof

Under the current constitutional framework, foundlings are presumed to be citizens unless proven otherwise, a provision that provides them with crucial protection. The proposed amendment would transfer the authority to determine their citizenship status to the Home Minister. This move is criticised for placing an unreasonable burden of proof on the child to demonstrate their parentage, a requirement that is inherently difficult, if not impossible, to meet for individuals with no knowledge of their biological origins.
Potential for Increased Statelessness

The implications of this amendment are significant, as it could lead to an increase in stateless individuals in Malaysia. Without the automatic right to citizenship, foundlings may face protracted processes and bureaucratic hurdles in proving their eligibility. This could potentially deny them access to essential services and rights that citizens typically take for granted, such as education, healthcare, and employment.

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Why are foundlings at risk under the new citizenship proposals?

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