Citizenship a constitutional right, legal experts tell Perkasa
(The Star) – Malay rights non-governmental organistion Perkasa’s demand that rapper Namewee be stripped of his citizenship for allegedly issuing racial comments and insulting the national anthem is unconstitutional, say legal experts.
Civil liberties lawyer and constitutional rights activist Syahredzan Johan said the guarantee of citizenship is a constitutional right.
“If you are a citizen ‘by operation of law’, meaning automatically from birth, the only way for you to lose your citizenship is if you obtain the citizenship of another country or you do something which only citizens of that other country have the right to do, like voting in their elections,” he told The Star Online.
“The Government does not have any power at all to strip you of your citizenship. Of course, you can at your own accord renounce your citizenship.”
He said a naturalised citizen was more liable to have it taken away for “disloyalty”.
This was echoed by constitutional expert Datuk Dr Shad Saleem Faruqi (pic), emeritus professor of law at UITM.
“Things like court offences of obscenity, pornography and so on – you can’t just remove citizenship as punishment. That is not the panacea for such things. You wouldn’t strip someone of their citizenship for stealing a car,” he said.
He added that citizenship could only be revoked for “disloyalty” – exercising rights of a citizen of another country, like joining an army other than the Malaysian one.
“Even for insulting certain parties or inciting racial tension, we have the law of sedition.”
Dr Shad said that Perkasa’s views should be scrutinised and criticised as need be, but “we shouldn’t seek to silence them.
“That would be joining their game, We should not seek to suppress disagreeable views,” he said.
Syahredzan suggested that Perkasa “read the constitution before coming out with these statements.
“It is not the first time they and their ilk have made such calls.”
Perkasa demanded Tuesday that rapper and filmmaker Namewee’s citizenship be revoked for his fierce criticism of the Government and racially-charged videos.
Deputy president Datuk Abdul Rahman Abu Bakar said it had lodged countless police reports against Namewee but the Attorney-General had done nothing.
Namewee is currently in the public eye for coming out in support of film The New Village, which allegedly glorifies communism.
