KOTA KINABALU: Proposed amendments to the Federal Constitution on citizenship threaten Sabah's vulnerable communities particularly stateless people, orphans and those born to permanent residents.
Sabah Law Society (SLS) president Mohamed Nazim Maduarin said that they backed calls by state leaders and NGOs not to apply the amendments to Sabah but said that local MPs have been silent on the issue.
"There are valid concerns that these changes could negatively affect the population, particularly rural communities who already face challenges in accessing proper documentation, thereby increasing the risk of statelessness.
"Additionally, the possibility that these amendments could open doors for illegal immigrants is a significant concern," he said, adding that SLS fully supported Suhakam's concerns regarding the proposed citizenship amendments.
Nazim said these amendments, particularly the removal of automatic citizenship for children born to Malaysian permanent residents, would disproportionately affect various marginalised communities in Sabah.
"This includes both the communities in the interior regions and along the coastal areas, who already struggle with access to essential services like education and healthcare.
"If the amendments proceed, these groups may face further disenfranchisement," he said in a statement on Friday (Oct 11).
Given these concerns, Mohamed Nazim said SLS strongly believes that any changes to the citizenship framework should not apply to Sabah.
"The diversity of communities across the state, each facing distinct challenges, must be respected and safeguarded.
"We urge the Federal Government to reconsider the proposed amendments, ensuring that any changes do not undermine the rights and dignity of Sabah’s people," he added.
He said a comprehensive consultation must be held with all relevant stakeholders, including those directly affected by statelessness before any amendments can proceed.
"Citizenship is a fundamental human right, and it is essential that the protections afforded by the Federal Constitution remain intact, especially for vulnerable communities in Sabah.
"The SLS is of the strong opinion that the amendments proposed may not be progressive for Sabah but regressive," he said.
He said SLS agreed with Suhakam’s call to ensure the amendments would be fair and inclusive to ensure the rights of all individuals are upheld, and that no one is left behind.
Last week, Sabah Deputy Chief Minister I Datuk Dr Jeffrey Kitingan said that the Sabah Cabinet had discussed the issue and wanted Sabah to be excluded from the amendments to safeguard the state's interests.
Describing the proposed amendments as a "double-edged sword," Kitingan said that though it brings some benefit, it could pose more harm to Sabah’s rural communities that are facing statelessness due to lack of access to proper documentation.
He said the amendments should apply to Peninsular Malaysia only as some 28 organisations and 38 social activists have voiced opposition to the proposed changes that would worsen conditions for displaced natives and increase the stateless population in Sabah.
The key concern is the proposal to remove automatic citizenship for children born to Malaysian permanent residents, which could further limit access to education, healthcare, and employment for stateless individuals, particularly those from rural and mixed-parentage communities.
The Constitution (Amendment) Bill 2024, which was first tabled in the Dewan Rakyat in March this year, includes provisions granting citizenship to overseas-born children of Malaysian women and lowering the age limit for citizenship applications by registration from 21 to 18.
A second reading is expected during this month’s parliamentary session.
