Government drops plan to deny automatic citizenship to foundlings, stateless children

The government has abandoned its controversial plan to strip foundlings and stateless children born in the country of automatic citizenship following a cabinet decision today.

Home Minister Saifuddin Nasution said the government would not pursue two of the eight proposed constitutional amendments to change the provisions that will affect foundlings, abandoned babies and orphans.

The two provisions that will maintain the status quo are Section 1(e) and Section 19b of Article 14(1)(b) of the Federal Constitution.

Section 1(e) prevents persons who are not citizens of another country and thus qualify for Malaysian citizenship from becoming stateless, while Section 19b grants citizenship to abandoned babies or orphans born in this country whose mother or parents cannot be traced.

Critics have warned against the removal of these provisions as it would remove a safety net for stateless babies, orphans and other children.

Saifuddin said the decision was taken after a series of "intensive discussions" between the Home Ministry and stakeholders on the matter.

However, he said the government would amend another provision on citizenship, Section 1(a) of the same article, to abolish automatic citizenship for children of parents at least one of whom is a permanent resident, so that only children of parents one of whom is Malaysian will be granted citizenship.

The amendments have been packaged with a much welcomed amendment to give Malaysian mothers married to foreigners equal rights when it comes to automatic citizenship for children born abroad.

There have been numerous protests from rights groups and lawyers against this move, urging the government to only amend the provision on equal rights for Malaysian mothers married to foreigners when it comes to automatic citizenship for their foreign-born children.