THE Government lacks political will in ensuring Malaysian women enjoy the same rights like men to confer citizenship on children born overseas.
“In 2001, when the Joint Action Group for Gender Equality successfully advocated for a crucial amendment to insert the word ‘gender’ into Article 8(2) of the Federal Constitution to disallow gender discrimination against Malaysians, we expected other archaic laws and procedures to be removed as well, especially citizenship-related laws and Immigration Act 1963.
“To our dismay, there appears to be no political will to amend Article 14 of the Federal Constitution to ensure Malaysian women have the same rights like their male peers to confer citizenship on their children born overseas by ‘operation of law’,” Women’s Aid Organisation (WAO) former executive director Ivy Josiah told FocusM.
Recently, the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers), via its president Suriani Kempe and six Malaysian mothers, approached the court to declare that children born overseas to Malaysian mothers with foreign spouses would automatically have Malaysian citizenship, instead of having to apply to be recognised as Malaysians.
The case touches on three main constitutional provisions, including the Federal Constitution’s Second Schedule’s Part II’s Section 1(b) and Section 1(c), where every person born outside Malaysia would have Malaysian citizenship by operation of law or automatically be Malaysian citizens if their father is a Malaysian.
The mothers claim that these constitutional provisions are discriminatory to Malaysian women and in breach of the Federal Constitution’s Article 8(2), which disallows gender discrimination in Malaysia.
However, the Attorney General’s Chambers’ (AGC) senior federal counsel Ahmad Hanir Hambaly, representing the Malaysian Government, argued that Suriani has no locus standi or legal standing to file the court case.
Cabinet should address this issue
Two former deputy ministers weighed in on the matter, calling on Women, Family and Community Development Minister Datuk Seri Rina Mohd Harun to address gender discrimination which exists under the country’s existing citizenship laws.
“Perhaps the Perikatan Nasional Government is not as caring as it touts itself to be,” Hannah Yeoh and Datuk Mohd Azis Jamman were reported saying.
On that note, Josiah said that Malaysia’s discriminatory constitutional provisions are relics of the colonial past, deeply rooted in the patriarchal idea that children’s citizenship must follow their father.
“In reality, it’s cruel to the numerous Malaysian women who have tirelessly put in applications to the Home Ministry and wait for years for a positive answer, not giving up hope as they want their children to be Malaysian citizens.
“Now, six courageous mothers have stepped up to seek justice through the courts and the Government’s attempt to strike out this case as being frivolous is unacceptable.
“Families are suffering because of an outmoded law and it is time for the Cabinet to listen to her citizens and do the right thing,” she remarked. – April 29, 2021
