Govt still looking for best way to address citizenship for foundlings, says Home Minister


KUALA LUMPUR: The government is still looking for the best formula to address issues related to foundlings in the controversial citizenship legislation amendments, says Datuk Seri Saifuddin Nasution Ismail.

The Home Minister told the Dewan Rakyat on Thursday (March 21) that engagement sessions are still ongoing with the respective whips of various political coalitions, including Perikatan Nasional and Barisan Nasional.

"The engagement sessions will still go on until it is tabled and the blue draft of the Bill itself is printed.

"So, trust me, when it is tabled soon, we will then ask all the MPs to take part in the debates so that we all will take the responsibilities that the rights of these children will be protected and guaranteed," he said.

Saifuddin Nasution said this in reply to a question from Mohamad Shafizan Kepli (GPS-Batang Lupar) during Ministers' Question Time.

Mohamad Shafizan had asked the Home Ministry whether it had taken into consideration the concerns raised by various parties on the implication of the proposed citizenship legislation towards foundlings if the Federal Constitution is amended.

He also wanted to know whether there will be a mechanism to give automatic citizenship for foundlings as suggested by certain parties.

Various human rights advocates have voiced their concern over the amendments, saying that the proposed amendments to citizenship laws could leave thousands of children stateless.

Saifuddin explained that there are currently two main views regarding the issue, with one side asking for automatic citizenship, regardless of where the baby is found, based on the principles of compassion and humanity.

While the other view is that the country has a Constitution, laws and regulations, so that all parties must adhere to the principles of citizenship, added Saifuddin.

"So between these two major viewpoints, the government needs to give clarity, harmonise, and balance between the two views, which are inherent in this matter," noted Saifuddin.

The Home Minister also refuted claims that foundlings were denied the rights of being citizens, as they can still apply for citizenship under Section 15A of the constitution.

This section covers various situations, including children born out of wedlock, adopted children, and those originally found abandoned but whose age has exceeded that of a baby, he said.

"Please stop using the term 'denying their right' to obtain citizenship. As long as they applied and their application is complete, it will be considered" he said.

"Before the Bill is tabled, I will inform the respective whips. The engagement sessions with Datuk Seri Takiyuddin Hassan (PN-Kota Bharu) and Datuk Seri Hamzah Zainudin (PN-Larut) were done in a conducive manner.

"I have also engaged with all the government's chief whips.

"God-willing, when the time comes, we will together take part to make the best decision on the issue of citizenship," he said.

On the question from Kalam Salan (PN-Sabak Bernam) who asked the intention of the Home Ministry to address the issue of those holding permanent residency in Malaysia, Saifuddin said several matters were being reviewed.

Saifuddin pointed out that under the Constitution, if a child is born in Malaysia to both parents who are permanent residents (red MyKad holders), then that child will be given a citizenship.

"When I checked the Hansard on when the policy was introduced, it was aimed at managing some issues when Singapore exited Malaysia.

"But technically, those who hold the red MyKad, they are not citizens.

"So, we will be proposing that in such cases where both parents have such a MyKad, the child will have to apply for citizenship and not be given automatic citizenship," the Home Minister siad.

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