
In a statement, it said it had “serious concerns” about the proposed amendments to several citizenship provisions under the constitution.
“We have to date, not been provided with any data or information of such abuse or misuse in the applications,” Suhakam said.
On Dec 13, deputy home minister Shamsul Anuar Nasarah cited the potential misuse when debating the proposal to amend provisions on citizenship matters in the Dewan Negara.
Shamsul was reported to have said the amendments include the proposal to abrogate Section 1(e) and Section 2(3) in Part II of the Second Schedule, which protect any person from becoming stateless.
According to him, the rationale for this amendment was aimed at preventing the sections from being misinterpreted and misused to obtain citizenship. He said this included “the misuse from certain groups who are not eligible, such as illegitimate children who claim that they do not have any citizenship at birth”.
But Suhakam said such amendments could adversely affect vulnerable groups like children born out of wedlock, stateless children adopted by Malaysian parents, and foundlings.
“These proposed amendments would then create generational issues of statelessness further burdening the state with such people unable to fend for themselves and unable to be productive and contribute to the nation.”
It went on to say that amendments to the Federal Constitution must be premised on a “humane approach to enhance, clarify, and streamline the process of citizenship applications”.
The government should adopt a holistic and considerate approach in managing citizenship issues, including conducting thorough research on the potential impacts of these amendments, Suhakam said.
Putrajaya should also engage with a diverse range of stakeholders, including civil society organisations and experts in children’s rights and statelessness.
“It’s crucial that each amendment be carefully considered for its unique implications.”
NGOs and activists had panned the proposal when it was mooted earlier this year, calling it regressive, among others.