[UPDATED] No automatic citizenship for kids born abroad to M’sian mothers, CoA rules

KUALA LUMPUR – The government has successfully reversed the Kuala Lumpur High Court’s landmark decision last September on granting equal citizenship to children born abroad to Malaysian mothers.

The Court of Appeal decision today saw a 2-1 split, which has dampened the move for equal treatment mounted by the affected mothers.

Judges Datuk Seri Kamaludin Md Said – who chaired the bench – and Datuk Azizah Nawawi ruled in the majority while Datuk S. Nantha Balan dissented.

The appellate court decided that the six mothers, who managed to get documents from the National Registration Department, will get to keep the Malaysian citizenship already conferred to their overseas-born children.

The judges also ruled that pending applications will be frozen pending the appeal at the Federal Court.

Meanwhile, Batu Kawan MP Kasthuriraani Patto tweeted that the matter can only be put to rest via constitutional amendments.

Tagging Prime Minister Datuk Seri Ismail Sabri Yaakob, she said: “It appears that the only way we can put an end to the misery of mothers who give birth to children overseas is to amend the federal constitution.”

“Will the government or home minister muster the courage to do that? What of your Keluarga Malaysia, PM Ismail Sabri?”

Family Frontiers, a group involved in the matter, had consistently criticised the government’s appeal against the high court decision.

Earlier, there was an outpour of public support via the #SayaJugaAnakMalaysia, #ManaDokumenKami and #TarikBalikRayuan campaigns.

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.

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.” – The Vibes, August 5, 2022