IPOH: The Cabinet’s nod to the proposal for the Federal Constitution to be amended so that automatic citizenship can be given to children born overseas to Malaysian mothers is a significant move in recognising their rights and struggle, says Suriani Kempe.
The president of the Association of Family Support and Welfare Selangor and Kuala Lumpur (Family Frontiers) said it would resolve the long-standing challenges and discrimination faced by Malaysian women and their children.
“It is joyous to see that the government is committed to taking this important step to settle this long-standing issue,” she said on the Family Frontiers’ Facebook page.
“The Cabinet’s consideration to give Malaysian women the right to pass down their citizenship to their children that are born abroad is a huge relief to all affected families globally.
“Family Frontiers would like to thank Prime Minister Datuk Seri Anwar Ibrahim, Home Minister Datuk Seri Saifuddin Nasution Ismail and Law and Institutional Reform Minister Datuk Seri Azalina Othman Said, allies and supporters, including women’s groups, civic society organisations and Members of Parliament from all parties, who had spoken up for Malaysian mothers and their children,” she added.
In a joint statement released on Friday, Saifuddin and Azalina said the Cabinet had agreed with the proposal to amend the Federal Constitution to enable children born abroad to Malaysian mothers to automatically gain Malaysian citizenship.
The amendments to Section 1(1)(d) and Section 1(1)(e) of Part I in the Second Schedule, and Section 1(b) and Section 1(c) in Part II of the same Schedule are expected to be tabled in the current Dewan Rakyat meeting.
Suriani said they are now anxiously waiting for the amendment to be tabled.
“We can only breathe a sigh of relief when the amendment has been approved because only after this can mothers (of those affected) submit their children’s documents to the National Registration Department to receive their citizenship.
“We also urge all stakeholders to cooperate to ensure that this amendment can be implemented swiftly and effectively.
“I believe that we are on the right track,” she added.
Family Frontiers has been campaigning for Malaysian women and their overseas-born children since 2020, filing a suit on Dec 18 of that year against the then government.
The suit sought six specific court orders, including a declaration that Section 1(b) and Section 1(c) be read harmoniously with Article 8(2) of the Constitution to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.
Family Frontiers had also sought a court order to all relevant government agencies, including the National Registration Department, Immigration Department and Malaysian embassies, to issue citizenship documents (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses.
In September 2021, the Kuala Lumpur High Court declared that children born overseas to Malaysian mothers married to foreigners are entitled by operation of law to be Malaysian citizens.
In his judgment, Justice Akhtar Tahir held that the word “father” in Section 1(b) must be read to include the mother.
The High Court had in November 2021 dismissed the government’s application to stay its ruling pending disposal of an appeal at the Court of Appeal.
In December 2021, the Court of Appeal dismissed an application by the government to stay the High Court decision, only to overturn it on Aug 5 last year.
In a 2-1 majority decision, the appellate court ruled that children born overseas to Malaysian women who are married to foreign spouses are not entitled by the operation of law to be Malaysian citizens.
On Aug 26 last year, Family Frontiers and six Malaysian mothers filed for leave to appeal at the Federal Court against the Court of Appeal decision.
Former Wanita MCA chairman Datuk Heng Seai Kie said she hoped there would be no delays in enacting the amendments to the Constitution to allow children who were born abroad to enjoy the equal right to citizenship as would those born to Malaysian fathers abroad.
“The welfare of Malaysian children, be they in our country or beyond our shores, must never be neglected. The equal right to citizenship also bodes well for Malaysia in terms of reducing brain drain and enabling talent gain.
“These amendments will finally address the long-standing dilemma of children of Malaysian mothers left stateless through no fault of theirs,” she added.