Projek SAMA calls for the Madani Government to produce and lay before Parliament a Green Paper and allow more deliberation on the proposed amendments to Federal Constitution with regard to citizenship.
However, if the Government insists on a set of amendments, then it should be accompanied by a White Paper that explains the government’s justification for such contentious amendments, and furnishes facts, data and cases that guided its decision.
We call for all parliamentarians, especially the government backbenchers and opposition MPs to protect the Federal Constitution from rushed amendments. No one should be blind supporters of such amendments, nor the Parliament a mere rubber stamp. It should play a vital role in policy formation, with transparency and meaningful deliberation in the law-making process, and that should be the new practice and norm under this government premised on institutional reform.
While part of the amendments is progressive by granting citizenship of children of Malaysian mothers born out of the country, the other amendments are arguably regressive as they have far reaching implications for children born in Malaysia but nevertheless render stateless. The issues have been in the limelight of the media with civil society groups, government backbenchers and Human Rights Commission voicing real and serious concerns, while Home Minister YB Saifuddin Nasution citing “control” and “security concerns” as justification for the amendments.
In the debate, we note that the facts and data defending the government’s position are released partially and in stages without presenting a full picture justifying a pressing need for such amendments, not to mention some data presented by the Home Minister are heavily criticized as they are starkly contrary to the experience of and data collected by frontline activists, civil society groups and stateless individuals. [1]
It is disturbing that constitutional amendments affecting the lives and rights of many are handled in such a manner shrouded in secrecy. Minister’s assurances per se cannot buy the society support unless sufficient room is provided for non-government stakeholders to make informed assessment on the merit and feasibility of the government proposal, its impact and implications on statelessness and society and its improvement and alternative policy to address both government and stakeholders’ interest.
We understand that the Sabah State Government and many parliamentarians in Sabah are particularly concerned with the security implications of certain existing provisions. It appears that some quarters want to present these restricting amendments as a quick fix on Project IC. If these amendments can indeed mitigate the consequences of Project IC, the Government should simply present facts and figures to convince the public. A rushed bill may be more damaging than just being a placebo, with unintended consequences including denying citizenship to some stateless natives in Sabah and Sarawak, and causing grave cruelty to abandoned babies nationwide, in direct contradiction to the value of “compassion” (Ehsan) in Madani.
If the Government is confident with its solution it should not fear presenting a green or white paper before tabling the bill. Tabling the bill for first reading in this sitting and for debate and vote in the next sitting does not protect the government’s credibility if the bill has to be withdrawn because of backlash.
If any MPs can’t bring himself/herself to oppose it, then they must not be part of the yes vote. This is a justified occasion for backbench disobedience.
Taking into account past experiences, the government should aim to forge a cross party consensus through parliamentary select committee (PSC) to support this amendment, as what happened to the undi18 and anti-hopping amendments.
We wish to remind that if this constitutional amendment fails, as how the first Pakatan Harapan government failed to amend Article 2(1) of the Federal Constitution in 2019 [2]despite its benign intention, the government’s authority would be damaged, and such damage is self-inflicted.
It is high time that that we modernize the legislative process to allow more transparent, substantive deliberation and public participation on law-making process.
The mindsets of “government knows it all” must change.
Issued by:
Projek SAMA
Project – Stability and Accountability for Malaysia (Projek SAMA) is an initiative to advocate for institutional reforms for the sake of political stability and accountability at a time when our nation steers through the uncharted waters of a hung parliament and coalition government. In Malaysia, we share the common (sama) destiny. Ngeow Chow Ying serves as convenor. You may contact us via email projeksama.malaysia@gmail.com or visit our website at www.projeksama.org for more information
[1] https://www.malaysiakini.com/news/698962 https://www.bernama.com/en/bfokus/news.php?id=2276841
[2] https://www.nst.com.my/news/government-public-policy/2019/04/478884/we-didnt-table-amendment-article-2-1-haste-says-liew
