Cabinet will seek AG’s advice on citizenship for kids born abroad

KUALA LUMPUR – The cabinet will discuss the matter of citizenship for children born abroad, as well as seek advice from the attorney-general on the next course of action.

Foreign Minister Datuk Saifuddin Abdullah said the government takes the issue seriously, as it involves discrimination and human rights.

“Several ministers have presented their views, and the matter was brought up in the cabinet meeting last week by Women, Family and Community Development Minister (Datuk Seri) Rina Mohd Harun. It received a very positive response from cabinet members,” he said after receiving the #TarikBalikRayuan petition and an open letter from the Association of Family Support and Welfare Selangor & Kuala Lumpur (Family Frontiers).

The handover took place at 9.16am outside the Parliament building.

Saifuddin said he believes tomorrow’s cabinet meeting will further detail the actions to be taken.

“We will discuss the technicalities tomorrow. Home Minister (Datuk Seri) Hamzah (Zainudin) and Rina will inform the public as to what we are going to do after that.”

Several opposition MPs were present at the handover in a show of solidarity with Family Frontiers.

Among them are Petaling Jaya’s Maria Chin Abdullah, Natrah Ismail (Sekijang), Hannah Yeoh (Segambut), Nor Azrina Surip (Merbok) and Maszlee Malik (Simpang Renggam).

Family Frontiers president Suri Kempe questioned the government’s intention to continue with its appeal against the high court decision on the matter.

She said Putrajaya should withdraw its challenge and provide immediate relief to Malaysian mothers and their families.

“The process of amending the constitution will be months in the making, and we are glad that the government has signalled its intention to address this issue in the long run.

But, Malaysian mothers and their children should not be forced to wait indefinitely. Withdrawing the appeal sends a signal that the government stands with Malaysian mothers and will address the issue immediately.”

Yeoh said it is clear that MPs from both sides of the divide feel that it is high time women are given equal rights as men.

“We should continue to put pressure on the home minister. Everything should not stop at the Home Ministry.

“If elected representatives want things to be changed and go a certain way, it should be decided in the lower house.”

After the government made known its intention to appeal the ruling, Prime Minister Datuk Seri Ismail Sabri Yaakob’s Keluarga Malaysia concept was criticised. 

Malaysia is one of 25 countries that do not give mothers and fathers equal rights when it comes to passing on citizenship to their children. The constitution grants Malaysian fathers the automatic right to confer citizenship on their children born overseas, but not Malaysian mothers.

Yesterday, Hamzah said the government is expected to amend the federal constitution by making a proposal to the Conference of Rulers with regard to the issue involving the citizenship of children born overseas to Malaysian mothers.

The Larut MP told the Dewan Rakyat that any major changes must be brought before the Malay rulers if the government is going to draft amendments to the constitution.

On September 9, the high court ruled that Malaysian mothers have the right to confer citizenship on their children born overseas, on an equal basis with Malaysian men.

The court ruled that Article 14(1)(b) of the 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.

Judge Datuk Akhtar Tahir said the word “father” must be read to include mothers, and that their children are entitled to citizenship by operation of law.

“The grievances of the plaintiffs are real… The discrimination is apparent.”

However, the government then appealed against the decision, triggering an outcry. – The Vibes, September 23, 2021