Press Statement No. 25-2024_Press Statement on Constitutional (Amendment) Bill 2024 – 2.0

KUALA LUMPUR (15 OCTOBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) would like to provide insights in our recent interactions with several stakeholders in relation to the Constitution (Amendment) Bill 2024. SUHAKAM is empowered and mandated under the Human Rights Commission of Malaysia Act 1999 [Act 597] to advise the Government on matters relating to human rights including the issue of statelessness in Malaysia. Notwithstanding the differences and limited access to record of past meetings, SUHAKAM appreciates the past discussions transpired, that involves the participation of diverse parts of the society in this issue with the Ministry of Home Affairs.

SUHAKAM has been engaged in several consultations on the Bill with the Ministry of Home Affairs and has consistently put forward our stance pertaining to the concerns on the substantive arguments of the Bill and its consequences. Whilst several consensuses have been reached, SUHAKAM maintains its position on our dissent to the proposed amendment of the removal of the automatic citizenship to children of permanent residents. Moreover, SUHAKAM strongly urges on the application of retrospective effect for children born overseas of Malaysian mother and non-Malaysian father after September 2001 as stated in our previous statement.

In conjunction with the imminent Parliamentary Debate on the Constitution (Amendment) Bill 2024, SUHAKAM reaffirms its firm position on the importance of transparent and accountable governance in the legislative process, particularly with regard to bills that have profound implications for the rights and welfare of the people. It is essential that such bills undergo a thorough review, taking into account public concerns and ensuring that they meet the highest standards of human rights protection.

SUHAKAM strongly urges the Government to consider referring the Bill to joint Parliamentary Special Select Committee (PSSC) of Human Rights, Election and Institutional Reform and the Women, Children and Community Development for further scrutiny and engagement. The bill in its current form continues to raise significant concern among stakeholders and civil society organizations, who have voiced worry over its potential impact. The voices of the people cannot and should not be sidelined in the legislative process. SUHAKAM reminds the Government of its duty to uphold democratic principles and ensure that laws passed are representative of the public interest. A referral to the PSSC will provide the necessary platform for further scrutiny, allowing for comprehensive feedback from all relevant sectors of society.

SUHAKAM stands ready to provide any necessary assistance to ensure that the review process is inclusive, robust, and reflective of the voices of all Malaysians.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 15 October 2024

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