SELANGOR executive councillor (exco) V Ganabatirau has urged the Federal Government to respect the recent court ruling allowing mothers to pass their Malaysian citizenship to their offspring and to not appeal the ruling.
“This is to uphold justice for the women citizens in Malaysia who have been affected all this while from an interpretation of the law that does not reflect equality,” said Ganabatirau, who is the state socio-economic development, community welfare and workers empowerment committee chairman.
“I also implore the Government to start working on a draft action plan and the amendments to the relevant laws to implement the ruling of the court,” he said.
This comes after news that the Government has filed an appeal at the Court of Appeal to dismiss the Kuala Lumpur High Court’s decision.
In a landmark ruling on Sept 9, the High Court had ruled that Malaysian mothers with foreign spouses could automatically pass on their citizenship to their children born outside Malaysia.
The Court had ruled that Article 4(1)(b) of the Federal Constitution together with the Second Schedule, Part II, Section 1(b), pertaining to citizenship rights, must be read in harmony with Article 8(2), which prohibits discrimination on the basis of gender.
High Court judge Akhtar Tahir ruled the word ‘father’ must therefore be read to include mothers, and that their children are entitled to citizenship by operation of law.
“The excuse given by Datuk Seri Hamzah Zainuddin had no basis and was unfair. If the excuse of dual citizenship is used to reject the citizenship of children born to Malaysian mothers, can this excuse be used for children born to Malaysian fathers too?
“Isn’t this clearly a form of gender discrimination that contradicts the Federal Constitution?” said the state assemblyman for Kota Kemuning.
On Dec 18, 2020, president of Family Frontiers Suri Kempe and six Malaysian women had filed a suit seeking six specific court orders, including a declaration that Section 1(b) and Section 1(c) be read harmoniously with Article 8(2) to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.
The group had sought, among others, a court order for all relevant government agencies including the National Registration Department, the Immigration Department and Malaysian embassies to issue citizenship documents (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses. – Sept 20, 2021
