KUALA LUMPUR — Constitutional amendments to grant automatic citizenship to overseas-born children of Malaysian mothers will not be retrospective as such an approach is not the standard practice when implementing a new policy or piece of legislature, Home Minister Datuk Seri Saifuddin Nasution said.
He acknowledged calls for the citizenship amendments bill to be made retrospective but said the government had decided that it should be “prospective” in implementation after taking into account various implications.
These implications include national security and harmony, he said in a press statement.
“Referring to the debate between prospective and retrospective principles, it was recommended the implementation of these amendments (to citizenship) be made prospective, taking into account that this is the usual practice when implementing any policy or legislation to be enforced,” Saifuddin Nasution said.
He added, similar laws on citizenship in other countries such as the United Kingdom, Singapore and Australia, are also prospective.
The Dewan Rakyat is currently debating the constitutional amendment bill on citizenship and will continue tomorrow in the bill’s second reading. Saifuddin Nasution is also expected to wind up the debate before MPs vote on it, after which it will go into third reading.
Malaysian mothers married to foreign men and who have been struggling to obtain citizenship by operation of law for their children born abroad have expressed disappointment with the bill which will exclude Malaysian women whose children were born prior to the passing of the legislation.
Saifuddin Nasution today said the decision to allow only prospective enforcement of the law, after it is passed, “were made taking into account various implications from the aspect of national security and harmony”.
“However, the government will also take a cautious approach and ensure that citizenship application cases with the same backgrounds can be considered and assessed for suitability, within a reasonable period,” he added.
On another contentious point in the amendments about permanent resident (PR) holders, Saifuddin Nasution assured that the law when passed would not affect local-born PR holders.
He said there are around 30,000 people born in Malaysia who fall into this category, whereby they do not hold travel documents nor an entry permit.
“This category refers to adopted children, those born before independence and those who were here before the formation of the Federation of Malaysia.
“For those in this category, the unity government is fully committed to ensuring that they are facilitated and given priority in their citizenship applications,” Saifuddin said.
Another category of PR holders is those whose have an entry permit and foreign travel document, in other words, a foreign citizen, the minister said.
“The children of PR holders in this category, who are foreigners, can claim their parents’ citizenship. It is their mothers’ and fathers’ responsibility to report their birth to the embassy of their (parents’) country of origin in order to obtain citizenship of (that) country.
“(Whereas) the amendments on citizenship by operation of law is intended to prevent the children of PR holders from having dual citizenship,” he said.
The minister also said that concerns about natives in Peninsular Malaysia, Sabah and Sarawak who do not have identity documents are “clearly” Malaysian citizens by operation of law, subject to conditions such as marriage and proof of residency, as stated in the Federal Constitution.
He said he would clarify all concerns about the proposed amendment when winding up debates in the Dewan Rakyat tomorrow. – October 16, 2024
