KUALA LUMPUR – Despite the support shown by at least three ministers, Suara Rakyat Malaysia (Suaram) said it is puzzled over Putrajaya’s decision to appeal against the high court’s decision to allow equal conferment of citizenship for children born overseas to Malaysian mothers.
“By appealing the decision, is the government denying Malaysian women the aspiration to be treated equally under the rule of law?
“If Women, Family and Community Development Minister Datuk Seri Rina Mohd Harun truly meant what she said about the ruling, she should voice her protest in the next cabinet meeting and urge the Attorney-General’s Chambers to withdraw the appeal,” said Suaram executive director Sevan Doraisamy in a statement today.
He added that the decision to appeal goes against the government’s “Keluarga Malaysia” message championed by Prime Minister Datuk Seri Ismail Sabri Yaakob.
“He even spoke of interracial and inter-religious marriages and the ties still bind them together. Yet somehow the government fails to recognise the ties that Malaysian mothers have with their families. By proceeding with the appeal, the government is blatantly denying women’s rights to equal citizenship,” said Sevan.
“Standing in solidarity with other civil society organisations, Suaram urges the public to support the dedication displayed by the Family Frontiers by signing the petition to protest against the right to citizenship being denied to women.”
On September 9, the high court here ruled that Malaysian mothers have the right to confer citizenship to their children born overseas, on equal basis with Malaysian men.
The court ruled that Article 14(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) of the federal constitution, which prohibits discrimination on the basis of gender.
High court judge Datuk Akhtar Tahir announced that the word “father” must be read to include mothers, and that their children are entitled to citizenship by operation of law.
Part II, Section 1(b) states “every person born outside the Federation whose father is at the time of birth a citizen and either was born in the Federation or is at the time of birth in the service of the Federation or of a State”, is by operation of the law a citizen of Malaysia.
The court said by making this decision, the judiciary is not seeking to change policy, but aims to apply existing laws to find a remedy for the plaintiff while upholding the spirit of the constitution. – The Vibes, September 15, 2021
