Prove foreigners are abandoning children to justify proposed amendments, says Suhakam

PETALING JAYA: The government should provide the needed numbers and figures to justify the amendments to the Federal Constitution that will affect defenceless children in Malaysia, urges the Human Rights Commission of Malaysia (Suhakam).

Suhakam children’s commissioner Dr Farah Nini Dusuki said while they acknowledged the engagement held by the Home Ministry with stakeholders, the data was not provided to support their arguments.

“There were concerns by the ministry saying that foreigners could abandon their children and abuse the law.

“If this is happening, provide us with the data. We have been requesting for the data since the ministry consulted us. We need it to understand the rationale behind these drastic changes,” she said at a press conference at Suhakam headquarters on Wednesday (March 13), adding that they had yet to see the actual Bill.

Farah said this over the government’s proposal to amend the Federal Constitution pertaining to citizenship.

This includes removing sections 1(e) and 2(3) of the Second Schedule, Part II ; removing the right of foundlings, including abandoned children to citizenship by operation of law under Section 19B of the Second Schedule in Part III; and removing the words “permanently resident” in Section 1(a) of the Second Schedule in Part II.

Suhakam deputy chairman Ragunath Kesavan said if the amendments were passed, it would be “the most regressive amendments ever for the Constitution.”

“The fundamental issue lies in the process of proposed amendments. What happened is that there’s a series of engagements with stakeholders.

“The issue of Malaysian mothers facing challenges in court arose. Unfortunately, in the process, the government introduced six other provisions that are regressive, incoherent and will push the country backward. These are regressive amendments,” he told reporters.

Ragunath said there is a serious trust deficit against the National Registration Department (NRD) as some citizenship applications have been pending for up to seven years.

“What is currently provided in the Constitution is now being moved to the discretion of the minister.

“We want something that is written into the Constitution, not left to ministerial discretion,” he said.

When asked if the law should be kept as it is, Ragunath said he agreed.

“We are happy to leave it (untouched),” he said.