LAWYERS for Liberty (LFL) have criticised Home Minister Datuk Seri Saifuddin Nasution Ismail’s rationale for the removal of automatic citizenship for children born to permanent residents, citing incorrect facts.
LFL group adviser N Surendran questioned the government’s comprehension of the constitutional amendments related to citizenship.
Surendran emphasised the minister’s recent parliamentary declaration to eradicate Section 1(1) of Part II in the Second Schedule of the Constitution. This provision pertains to Singaporean individuals who arrived in Malaysia post-separation and may subsequently marry and have children.
“Saifuddin’s reasoning for removing the PR clause in Section 1(a) is fundamentally flawed as it is based on incorrect facts and failure to grasp its historical origins. Firstly, Singapore left Malaysia in 1965, and not 1963 as implied by Saifuddin.
“The PR’s children clause came into existence in 1963 via the Malaysia Act 1963. It was not inserted into the Constitution in 1965 to deal with the fallout from the separation of the two countries as alleged by Saifuddin.
“This is a basic fact. How could the minister get it wrong?” Surendran asked today.
Moreover, he criticised Saifuddin’s understanding of the amendment’s implications, stating that Malaysia would suffer from a brain drain if skilled workers leave due to their children’s lack of citizenship.
Surendran also refuted Saifuddin’s comparison to Australian citizenship laws, stating that children of Australian permanent residents automatically receive citizenship.
“Saifuddin’s attempt to justify this amendment by claiming that the child of a Malaysian permanent resident in Australia would also not get automatic citizenship is also completely wrong.
“In fact, by virtue of Section 12 of the Australian Citizenship Act 2007, every child of a permanent resident is automatically a citizen.”
Furthermore, he lamented the government’s apparent lack of understanding and urged the withdrawal of the proposed amendments, except for changes regarding children born to overseas mothers.
“They (the government) seem clueless and produce fresh factually wrong justifications daily.
“The only right thing for the government to do now, in the interest of the nation, is to withdraw these proposed amendments and proceed only with the change on children born to overseas mothers.” – March 22, 2024
Main photo credit: Malaysiakini
