KUALA LUMPUR – In the wake of Malaysia’s achievement in securing a seat on the United Nations’ Human Rights Council (UNHRC), the government has come under the spotlight over its policy not to grant citizenship to children born to Malaysian mothers outside the country.
The Association of Family Support and Welfare Selangor and Kuala Lumpur (Family Frontiers) is now raising questions on whether the government will end its discrimination against Malaysian women and their children born abroad.
Although the government has pledged to “strengthen efforts to achieve gender equality and women’s empowerment and eliminate violence against women”, Family Frontiers notes that none of its past or future efforts contain a plan to amend the federal constitution to remove discriminatory provisions concerning citizenship rights.
“The election (to the UNHRC) is merely a symbolic gesture if there are no concrete actions and tangible goals in place,” the association said in a statement today.
On October 15, Malaysia garnered 183 votes to win one of 18 seats on the UNHRC for the 2022-2024 term.
Prime Minister Datuk Seri Ismail Sabri Yaakob had said that the country is ready to play an active role as facilitator for conciliation, enabler for cooperation and builder of consensus in the advancement of the global human rights agenda, as enshrined in the UN’s Universal Declaration of Human Rights.
In light of this, Family Frontiers is reiterating calls for the government to focus its efforts on constitutional amendments that will institute the high court’s decision to grant equal rights for women to confer citizenship on their children born overseas.
The group stressed that it is an injustice to mothers and their children as they have waited long enough.
“These Malaysian mothers should no longer be kept in the dark. Have they not suffered enough already?
“We call on the government to stand by its pledges and commitments.
“In the spirit of 100 days of Keluarga Malaysia (Malaysian Family), amend the constitution to solidify the Kuala Lumpur High Court’s decision on September 9, for what is more important to this theme than protecting the rights and well-being of Malaysian families?”
Family Frontiers said it is of utmost importance that the government also provide a proper timeline regarding the ground-breaking change on the matter.
“We want to know if the attorney-general has met with the Yang di-Pertuan Agong, as directed by the cabinet, and received consent from the Conference of Rulers for the constitutional amendment.
“Has the provision to ensure equal citizenship rights of Malaysian women (and their overseas-born children) been included in the constitutional amendment bill that is in the pipeline and when does the government intend to table the bill in Parliament?”
On September 23, Foreign Minister Datuk Saifuddin Abdullah had said 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.
Saifuddin said the government takes the issue seriously as it involves discrimination and human rights.
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 22, Home Minister Datuk Seri Hamzah Zainudin had said that the government is expected to amend the federal constitution by making a proposal to the Conference of Rulers with regard to the issue.
The Larut MP told the Dewan Rakyat that any major changes must be brought before the Malay rulers if the government is 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 a public outcry. – The Vibes, October 23, 2021
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