THE Home Minister’s recent “warnings” for Malaysians to register their marriages and avoid citizenship hassles for their children has been branded as “ignorant, callous and inhumane”.
Human rights group Lawyers for Liberty (LFL) said Datuk Seri Hamzah Zainudin was attempting to shift the burden of ensuring that those entitled get their citizenship to the public – when it was on the Government to do so.
“Essentially, the Home Minister is punishing innocent children for a bureaucratic and red-tape problem like non-registration of marriages,” LFL director Zaid Malek said in a statement today.
“On the contrary, it is the duty of the Government to ensure that every qualified person is registered as a citizen and is not denied citizenship for petty bureaucratic reasons.
“It is plainly unlawful and contrary to the constitution to deny citizenship to a child born to at least one parent who is a Malaysian simply because the marriage was not registered,” he added.
On Wednesday (July 13), Hamzah urged Malaysians to “not take it easy” when registering their marriages, especially if they were marrying foreigners, Bernama quoted him as saying.
Hamzah made similar remarks yesterday (July 15), according to Malaysiakini. He stated that some living in rural areas did not understand that they had to register their marriages in order to apply for citizenship for their children.
His remarks come on the back of the ongoing court tussle to determine whether children born to Malaysian mothers are entitled to automatic citizenship – a constitutional right for Malaysian fathers to children born overseas with foreign mothers, but not for Malaysian mothers with children born overseas.
Zaid said that for every child who is entitled to citizenship but remains stateless, the fault lies upon the Home Ministry and not the parents, pointing out that this is why taxes are paid and the ministry is given ample resources.
He slammed the “massive failures” of Governments, past and present, saying it was their fault hundreds of thousands of stateless persons in Malaysia who are entitled to citizenship could not get their identity cards (ICs).
“Aside from the human suffering endured by the stateless, it also deprives the country of a huge section of citizens who could contribute to the economy and nation-building,” he added and also pointed to restrictions to access to healthcare and education.
“Instead, they are relegated to the fringes of society. Hamzah Zainuddin and his ministry’s approach now perpetuates and worsens the problem.”
Zaid called on Hamzah to ensure that registration of marriages be eased, and that any issues that arise be resolved swiftly.
“We urge the Home Minister to look at the standard operating procedures and guidelines in the National Registration Department and ensure that they comply with the constitution and abide with the latest court decisions on issues of citizenship, and not just irresponsibly pass the buck to the public.
“Hamzah must also understand that Article 14 of the Federal Constitution guarantees citizenship for those who meet the criteria under Part II of the Second Schedule,” he added.
“It is a right, not a privilege to be ‘awarded’ at the discretion of the Government as claimed by Hamzah.” – July 16, 2022
