PETALING JAYA: While Malaysia has a firm position on dual citizenship, a law expert says there is a lack of enforcement or processes for identifying such cases.
Constitutional expert Assoc Prof Datuk Dr Shamrahayu Ab Aziz said although the ban on dual citizenship is not new, there is no mechanism to identify or detect those holding dual citizenship.
Under the Constitution of Malaysia, Article 24 Termination of Citizenship, the Malaysian government does not recognise dual nationality.
“Malaysia has a very clear stand on the provision of dual citizenship, the government has the right to deprive the citizenship of Malaysians who have acquired the rights of a foreign citizenship,” she said.
Assoc Prof Shamrahayu suggested that dedicated agencies, such as the immigration department, cross-reference individuals suspected of dual citizenship.
“It is a complex process that not only Malaysia faces. There are no international records on people with dual citizenship.
“That may also be a hurdle. It may also cause human rights issues related to privacy and security of the person,” she added.
She suggested the forming of a legal mechanism to ensure people self-declare their dual citizenship.
“There can be a procedure and policy to inform people to make such self-declarations on having dual citizenship,” she said.
On Nov 16, Home Minister Datuk Seri Saifuddin Nasution Ismail said Malaysia does not recognise individuals with dual citizenship, following Thai police reports that many cross-border criminals possess two identity cards.
He said an identity card is a symbol of citizenship, and any suspected cases of dual citizenship must be verified through the police or the National Registration Department (NRD) database.
The NRD, when contacted, said the country does not recognise dual citizenship, and if a report is received by the department with evidence, it would be investigated but these cases are isolated.
Assoc Prof Shamrahayu said for those who have acquired other citizenship, their Malaysian citizenship would be revoked.
She said if a person possesses dual citizenship, they cannot exercise their rights such as contesting in a general election or voting.
