Lawyer Latheefa Koya said there was instead a greater need to develop a more compassionate interpretation of existing citizenship provisions that actually benefit children.
“We should view the policy the government is using, because to me, the Constitution is clear. There is not much that needs to be amended,” she said at the forum on the issues of undocumented and stateless children organised by the Human Rights Commission of Malaysia (Suhakam).
She added that procedures for the granting of citizenship are already outlined in the Constitution, but the national registration department has continued to take a position, or agenda, to deny children their rightful citizenship.
Meanwhile, Suhakam commissioner for children Noor Aziah Mohd Awal said there was already an interpretation of Article 14 of the Federal Constitution, which grants citizenship by operation of law, given by Chief Justice Tengku Maimun Tuan Mat in a recent case in the Federal Court.
Tengku Maimun and two other judges had in May ruled that it would be wrong for the court to deny citizenship to an 11-year-old boy born to a Filipino mother during an appeal case for his citizenship. However, they were in the minority.
In her minority judgment, the chief justice said Article 5(1) of the Federal Constitution guarantees the right to life and personal liberty.
“The interpretation given by the chief justice is more reasonable and there is no longer a need to amend the Federal Constitution in terms of gender discrimination (in citizenship laws).
Latheefa instead recommended further discussions at the policy stage with the home ministry, the national registration department and the women’s ministry to address the issue.
Deputy secretary of the home ministry’s nationality department Mohamed Shahrizal Yahaya said the government was attempting to facilitate citizenship applications, but it was on a case-by-case basis to avoid people from taking advantage of the benefits of becoming a Malaysian citizen.
He said there are over 6,000 applications, adding that the pandemic and movement restrictions have delayed the process.
On criticisms that the government was too rigid, he said the officers have no choice but to follow set rules and regulations, adding that they must take into account the impact on the country as a whole.
Meanwhile, Maalini Ramalo from the Development of Human Resources for Rural Areas, Malaysia (DHRRA), said even though procedures are in place for stateless children to go to school, certain cases have made them ineligible to register.
She added there was a lack of awareness on the issues that arise with children born out of wedlock.
“Other Malaysians don’t even know that if you do not have a legal marriage, the father cannot pass on citizenship – that awareness is not there.
“We should draft a policy, on top of encouraging awareness, to address this problem and save the children who are already being affected instead of punishing them,” she said.