KUALA LUMPUR – Malaysian mothers looking to confer citizenship on their overseas-born children can still apply to the Home Ministry although the process will take time, said Attorney-General Tan Sri Idrus Harun.
He added that the procedures and matters linked to citizenship come under the ministry’s purview, reported The Star.
He was also quoted as saying that another solution would be to amend the federal constitution to allow the phrase “father” to include the mother.
When met at the Keluarga Malaysia event in Putrajaya today, Idrus was also asked about the policy observed by Indonesia, Singapore and Brunei.
He said Brunei’s policy is similar to Malaysia’s while Indonesia only recognises overseas-born children if both parents are citizens.
As for Singapore, he added that the island republic allows for dual citizenship for those age below 21 and will have to choose which citizenship to keep after that.
On August 5, the Court of Appeal overturned the Kuala Lumpur High Court’s landmark decision last September on granting equal citizenship to children born abroad to Malaysian mothers.
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.
Malaysia is one of 25 countries that does 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 Vibes, August 21, 2022
