KUALA LUMPUR, March 21 — Let there be no more mention of foundlings and abandoned babies being denied of citizenship, Home Minister Datuk Seri Saifuddin Nasution Ismail said today.
He said through engagements held with relevant parties and MPs, there are two extreme opposite views and the government is looking for the best formula to go about citizenship issues in the country.
“Between the two different views, the government has to clarify, harmonise and balance out these views. Trust me, when we table it (Bill) later, we will ask all MPs to participate in the debate so that we take responsibility together and children’s rights must be guaranteed and protected.
“Stop (using) the term being denied the right to obtain citizenship. Now if the child is unable to get it (approved) through 19B, we will process it (the application) under 15A, and the child can still get citizenship. There is no term of ‘the child being denied’, as long as there is an application and the application is complete.
“So I would like to affirm that there is no more of the term ‘being denied’ because the fact is that if the application is not approved through operation of law, it will still be processed and a decision on the application will be made under item 15A,” Saifuddin told the Parliament during Question Time today.
He was responding to a supplementary question raised by Gabungan Parti Sarawak’s (GPS) MP Mohamad Shafizan Kepli who asked the government on the status of foundlings — if the amendments proceed — whether there is a mechanism to solve their citizenship problem especially those who are under the care of the Welfare Department and if they would be given automatic citizenship, indicating that this issue will continue to exist in interior areas of Sarawak as the state borders Kalimantan, Indonesia have become a cross-generation issue.
Article 15A of the Federal Constitution currently provides the government special powers to register persons under 21 years of age as citizens while Section 19B from part three of the Second Schedule obliges the government to confer citizenship automatically to foundlings.
The two extreme views discovered through the engagement sessions were that one, the view that there should be maximum freedom whereby regardless of where the baby was found, or who the parents are, citizenship should be granted.
On the other extreme, Saifuddin said there were views that the matter should be decided following the laws, Federal Constitution and regulations that exist.
“So right now, we are still at the engagement level in search of the best formula and before it is tabled, I will inform the respective chief whip.
“Insyallah when the time comes, let us together participate in making the best decision in this citizenship issue,” Saifuddin said.
He also announced that from March 25 to 27, the National Registration Department will set up a booth in the Parliament building to assist MPs from respective constituencies in solving citizenship issues brought to them.
Civil society groups have objected to the proposed amendments that would also affect children born out of wedlock to Malaysian men, stateless children adopted by Malaysian parents, foundlings or children who are abandoned (including those abandoned upon birth), and families with generations of stateless children born in Malaysia.
The amendment that would affect foundlings and abandoned children involves Section 19B, Part III of the Second Schedule which sought to amend from citizenship by “operation of law” to citizenship by “registration”.
The effect of this amendment would be that foundlings and abandoned children will no longer be entitled to automatic citizenship.
