'Evil and cruel': Saifuddin upset over 'sweeping' remarks on citizenship bill

Home Minister Saifuddin Nasution Ismail today expressed his disappointment over “sweeping statements” branding the government’s citizenship amendment proposal as evil and cruel.

This comes after some civil society groups and activists continued to criticise its citizenship amendment bill, which was tabled to the Dewan Rakyat in March but will only be debated in the Parliament sitting that will begin next week.

Speaking at a special media briefing session in Putrajaya today, Saifuddin said the Home Ministry has taken the feedback of various stakeholders including civil society movements, Suhakam, and constitutional experts and acted accordingly to improve the bill.

This includes cancelling a part of their plan which would make foundlings acquire their citizenship by registration instead of operation of law (automatic citizenship).

“I even called the Suhakam chair to discuss and I asked him what else is there for us to improve.

“I also engaged with NGOs. Some of them accepted (our plan) but some others continued to differ despite an explanation given. That is normal.

“But despite our assurance and everything we had done, including reverting to maintain the existing provision (about citizenship for foundlings), some had labelled this bill as ‘kejam’ (cruel),” he said.

‘An improvement’

Citing an example, Saifuddin said the current proposal is an improvement when it comes to foundlings, where they would be assumed “to have been born to a mother who is Malaysian” until being proven otherwise.

This would therefore make them automatically Malaysian, he said.

However, Saifuddin defended the government proposal to make children of permanent residents (both parents being non-Malaysians) who are born in Malaysia apply for citizenship, as opposed to the current law where they are accorded automatic citizenship.

The existing constitutional provision allowing automatic citizenship to children of permanent residents, he added, was based on the situation that followed the separation of Singapore from Malaysia and now “there is a need to amend it”.

“Being born in a country is not a ticket to become a citizen," he said, in response to NGO Mandiri Borneo that yesterday urged MPs from Sabah and Sarawak to reject the bill.

He stressed the amendment would only apply to children whose parents are both holders of PR status, as those born in Malaysia to a Malaysian parent get citizenship by operation of law.

Lowering age limit

Regarding criticisms against the proposal to lower the age limit for citizenship registration from 21 to 18, Saifuddin said it was necessary as under the country’s law, a person is no longer considered a child after he or she reaches the age of 18.

It is also the age where a citizen today can vote in an election, he added.

The minister also assured critics that the amendment will not affect applicants’ eligibility due to bureaucracy delays and appeals.

“Let’s say an application is submitted when the person was at age 16, but the ministry took seven years to process it, the (eligibility) will be considered according to the date of submission,” he said.

Saifuddin told the media that lowering the age to 18 also applies to children with dual citizenship to choose - whether they want to be a Malaysian or forgo the status.

The authorities are expecting more children to have dual citizenship after those born to Malaysian mothers overseas are allowed to get automatic Malaysian citizenship. This is because some would also be eligible for automatic citizenship in their father’s country of origin.

Impact on foreign wives

Saifuddin was also asked to comment on another amendment that could end up nullifying citizenship granted to foreign wives of Malaysian men if the women decide to leave a bad marriage.

It seeks to amend a wording in Article 26 in Part II of the Federal Constitution, replacing “date of marriage” with “date of obtaining citizenship”.

The amendment would make foreign wives who manage to obtain Malaysian citizenship face the risk of having it revoked if the marriage is dissolved within two years of being granted the status.

According to the minister, the proposed amendment is aimed at making the Constitution relevant as no foreign wife can obtain citizenship within two years of marrying a Malaysian.

Instead, he said, the earliest a foreign wife can be eligible for citizenship is only after eight years after undergoing several processes, including using a spousal visa which they have to renew annually for five years and later an entry permit (two years).

Regarding concerns that such a provision may leave the foreign wives stateless, Saifuddin pointed out that the Federal Constitution also has a provision that does not allow this to happen.

“The Constitution states two situations where a citizen can lose the status, with one being voluntary renunciation.

“The other situation is by order of the government. However, this process involves very strict conditions.

“Such cases where a citizen is deprived of citizenship is almost nil because the Constitution (Article 26) also says that the government cannot do so if such revocation would render a person stateless,” he said.

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