[UPDATED] Govt files challenge to ruling on equal conferment of citizenship

KUALA LUMPUR – Despite calls from civil society and rights groups, Putrajaya has filed an appeal against a high court decision on the equal conferment of citizenship.

Today, 114 organisations and 52 individuals endorsed a statement saying the ruling to confer automatic citizenship on children born overseas to Malaysian mothers has been celebrated locally and globally.

“In light of this momentous decision, we strongly urge the Malaysian government to not appeal against this ruling.

“This will then enable all National Registration Department offices and Malaysian embassies worldwide to expedite the registration of Malaysian identification documents for children born overseas to Malaysian mothers and non-Malaysian fathers.”

The ruling pushes Malaysia forward in creating a “just, democratic and egalitarian society”, they said.

With Malaysia seeking a seat on the United Nations Human Rights Council, they said, the government is well-placed to lead other nations that have yet to reform their citizenship laws.

Meanwhile, lawyer Datuk Gurdial Singh Nijar told Malaysiakini that the Attorney-General’s Chambers today filed the government’s appeal.

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

The court decided 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), 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.

Binational families champion Family Frontiers Malaysia has launched a petition demanding Putrajaya withdraw its decision to appeal.

It voiced disappointment over the matter, especially in light that three ministers, including Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar, have openly supported the court ruling. The other cabinet members are Women, Family and Community Development Minister Datuk Seri Rina Mohd Harun and Communications and Multimedia Minister Tan Sri Annuar Musa.

Family Frontiers pointed out that Sarawak Welfare, Community Well-being, Women, Family and Early Childhood Minister Datuk Seri Fatimah Abdullah and Sabah Wanita MCA, too, welcomed the historic decision.

“We are therefore shocked at the government’s move to appeal against the high court decision, and we see this as a betrayal of the rights that are long overdue to Malaysian women.

“The government had an opportunity to embrace the high court decision, and move the needle towards greater justice and equality for its women citizens.

“Instead, the government has chosen to perpetuate this gross injustice that has plagued Malaysia since independence, the weight of which Malaysian women have borne for 64 long years.”

The group added that mothers in Malaysia, as voters, can easily mobilise against ruling parties in the next general election.

The petition had received 104 signatures an hour into its launch. – The Vibes, September 13, 2021