Citizenship gets a constitutional makeover


PUTRAJAYA: Proposed constitutional amendments related to citizenship would include one that would stop the current practice of granting citizenship to the children of permanent residents in Sabah, says Datuk Seri Saifuddin Nasution Ismail.

The Home Minister said the government felt that this practice – introduced years ago through a National Security Council (NSC) decision – should stop, adding that this was among the causes of the rise in the state’s population.

“We have included this in the proposed amendments that will be presented to the Conference of Rulers on July 12,” he said in a session with the media here yesterday.

Saifuddin Nasution said back then, the NSC also decided that citizenship be given to those who have resided in Sabah for more than 30 years.

He added that those who had lived in the state for between 15 and 30 years were given permanent resident status.

The decision also allows for children of those holding permanent resident status to be given citizenship.

“Now we want this practice to cease because awarding citizenship to children of permanent residents has had a major impact on the country,” he added.

The minister said the paper on the proposed constitutional amendments related to citizenship was presented at the Cabinet meeting on Wednesday.

“The proposed changes will have to receive Royal Assent.

“If this is granted, it will be tabled in the Dewan Rakyat during the third meeting of Parliament at year-end,” he added.

Among the other proposed amendments was the issue of citizenship being granted to children born to Malaysian women overseas with foreign spouses.

On this, Saifuddin Nasution said application for citizenship in this category would be carried out “by operation of law”.

“There must still be an application for these children to be a Malaysian citizen, but ‘by operation of law’ – it gives the application more weightage,” he added.

It was reported that the proposed amendment to the Federal Constitution on this matter would be to replace the word “whose father” in Part I and Part II of the Second Schedule with the words “at least one of the parents” to enable Malaysian mothers to receive their just rights according to the Constitution.

The proposal also included lowering the age limit for children to decide on their citizenship from 21 to 18.

Saifuddin Nasution said that since Malaysia does not recognise dual citizenship, those in this category would need to decide on their citizenship when they reach the age of 18.

“Our proposal is that upon reaching this age, the person who has dual citizenship will have to choose.

“If he chooses to be a citizen of another country, then he will have to renounce his Malaysian citizenship,” he added.

Earlier this month, the minister told the Dewan Rakyat of eight proposed amendments that seek to provide a comprehensive solution to the longstanding issue of citizenship.

He added that other amendments were to clauses and articles in the Federal Constitution related to statelessness, late issuance of birth certificates, as well as unregistered births.

   

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