Stop the amendment on citizenship, Sabah NGOs and activists call on Sabah MPs

Borneo Herald publishes the full statement herewith :

PRESS STATEMENT

SABAHANS: CITIZENSHIP BILL WILL EXACERBATE STATELESSNESS

CRISIS IN SABAH

28 September 2024

WE, civil society organisations, activists and individuals in Sabah, are deeply concerned with some of the amendments in the Constitution (Amendment) Bill 2024. We understand that the Bill will be debated and voted on between the 14th and 15th October.

To date, the government has not consulted us as stakeholders with extensive knowledge and experience from direct engagement with individuals and families who will be negatively affected by these amendments. It is widely acknowledged that a high number of children born in Sabah do not have proper documentation – even when at least one parent is Malaysian. As a result, these children are frequently denied Malaysian citizenship. Their lack of legal status criminalises their existence, and they struggle to access even the most basic rights such as education, healthcare and subsequently employment.

Because the number of Sabahans without proper documentation is high, it is our firm belief that two amendments in particular will severely exacerbate the challenges of statelessness in Sabah. 

An amendment to Section 1(a) will remove the constitutional right of children born to individuals who are permanently residing in Malaysia to access automatic citizenship. This is a problem for Sabah because over the years, many Sabahans – individuals who have born and lived all their lives in Sabah – have been granted permanent resident status (red IC) instead of Malaysian citizenship (blue IC). Despite their PR status, they are stateless and have no country of origin. If the amendment to Section 1(a) passes, these individuals – when they have children – will be unable to pass on any no citizenship, thus leading to intergenerational statelessness. This will increase the number of individuals who will need to apply for citizenship, instead of being granted it automatically. 

Secondly, the government is also proposing to reduce the age limit that a child can apply for citizenship from 21 to 18. This amendment will shorten the amount of time a child has to apply for Malaysian citizenship by three years. It is well known that the approval process of citizenship applications is long, and marked by a lack of transparency. After the age of 21, there is no clear pathway to citizenship unless special approval is granted by the Home Minister. 

Together, both amendments will increase the number of people who will need to apply for citizenship, while simultaneously reducing the amount of time they are able to do so, without fixing the application process itself. These amendments do not bode well for Sabah, and threaten to only worsen statelessness in a state that is already grappling with the largest number of undocumented Malaysians in the country.

We urge the Government to engage with MPs, ADUNs, CSOs in Sabah, and other key stakeholders to understand the situation in Sabah. We strongly believe that Sabah MPs must vote against amending sections 1(a) and provisions to reduce the age limit. 

The amendment granting Malaysian women the automatic right to confer citizenship to their children born overseas, however, must proceed without delay, while the harmful regressive amendments should be halted and removed entirely. Passing the bill in its current form will worsen the statelessness crisis in Sabah, particularly among vulnerable, long-neglected communities.

The government must recognise the unique challenges faced by Sabah and move away from policies that reflect a form of modern colonisation — by imposing measures that worsen local conditions without understanding or addressing the realities on the ground. We call for better solutions that tackle the root causes of statelessness in Sabah by disclosing the number of statelessness among Malaysian families and provide solutions based on the evidence at hand, rather than quick fixes that ultimately fail the very people they are meant to help.

ENDORSED BY 66 SABAH CSOS, ACTIVISTS AND INDIVIDUALS

SABAH CSOs:

Advocates for Non-discrimination and Access to Knowledge (ANAK)

Borneo Komrad

Borneo Speaks

Cahaya Society

Child Safeguarding Initiative Sabah

ETANIA Schools Sabah

Gindol Initiative for Civil Society Borneo

Good Samaritan Kuala Lumpur

Green Semporna

HUSH Collective 

Iskul Sama diLaut Omadal

Jaringan Orang Asal SeMalaysia (JOAS)

Justice for Sisters

Light Brigade (LB)

Mandiri Borneo

PACOS Trust

Persatuan Tadika Sabah

Pertubuhan Minda Anak Sabah (MINDA)

Pertubuhan Permuafakatan Dan Perpaduan Peranakan Suluk Bajau Sabah

PLUHO, People Like Us Hang Out!

Sabah AIDS Support Services Association (KASIH)

Sabah Human Rights Centre (SHRC)

Sabah Women's Action Resource Group (SAWO) 

Society for Equality, Respect And Trust for All (SERATA)

Stairway to Hope

Tarbiyatun Nisa' 

The Tiada.Guru Campaign

Undi Sabah

Sabahans (Activists & Individuals):

Abigail Jubilee

Adzmin Fatta

Alanis Mah Siao Yen

Ana Jonessy

Andi Suraidah

Ann Cerill Ivon Michael

Anne Baltazar

Beverly Joeman

Calvina Angayung

Cherlanne Patrick

Daphne M Iking (Humarap)

David Ong

Dr Kanul Gindol

Edna Salumbi

Elizabeth Chin-Sikayun

Fazar Arif

Fiqah Roslan

Gavin Chow

Hanaa Wong Abdullah 

Irwan Idris

Jacqueline Lingham

Jason Hoo Kim Thoe 

Liyana Khalisa binti Kula

Mashithah binti Abdul Halim

Megan Steven

Michael Liman

Mohd Nasir Alizaman

Noah Raj

Nurul Rafeeqa

Patty Pang

Prudence Lingham

⁠Qalista S. Dohny

Rachel Giling

Ruth Yap

Sherzali Herza Asli

Siti Maryam binti Dawalih

Sonia Chin

Wong Kueng Hui 

Marshela binti Foh

Addy Samsudin

Contact Persons: 

Anne Baltazar | 014 3701317

Beverly Joeman | 011 59826297#