The Malaysian government seeks to strike out legal action on automatic Malaysian citizenship for children born overseas to Malaysian mothers and non-Malaysian fathers.
In a media statement today, Family Frontiers confirmed the striking-out bid that targets the suit brought by the group as well as six Malaysian mothers.
On Dec 18 last year, the group and six Malaysian mothers filed the constitutional challenge, seeking a declaration that Malaysian women married to foreign spouses can automatically get citizenship for their children who are born overseas.
The legal action came on the heels of the government refusing to budge on allowing the children of these mothers to be eligible for citizenship. The Malaysian government is named as the defendant in the matter.
The group today said the reasons cited by the government to strike out the legal action is that the “suit is troublesome and frivolous”.
Family Frontiers countered that the legal action is not frivolous as it targets certain aspects of Malaysian law that for more than six decades hindered mothers’ attempts to obtain citizenship for their children.
“It is these discriminatory and outdated provisions in the law which have and continue to cause so many problems for Malaysian mothers. Their experiences are hardly frivolous. It tears at the social fabric of Malaysian families and shows how far removed the government is from the realities of its women citizens,” said Family Frontiers president Suriani Kempe.
“For over 60 years, many families have suffered as a result of the long and arduous application processes under Article 15(2) of the Federal Constitution. Some mothers have been waiting for 16 years for their children to be granted citizenship, to the point where some children have passed the eligible age to apply through Article 15(2),” she said.
She added that some children who are non-citizens actually have siblings who are citizens and their plight has been made worse by the pandemic as they cannot enter Malaysia to be with their mothers.
This desperate situation is why the six mothers are filing the constitutional challenge, she said.
Family Frontiers said the response from the government does not fully take into account the difficulties faced by Malaysian women married to non-citizens, who give birth overseas.
The group pointed out that many families have been placed in precarious situations as a result of the citizenship application process under Article 15(2) - the provision of ‘citizenship by registration’ that Malaysian women have to rely on.
Family Frontiers contended that with the Home Minister having full discretion to grant citizenship by registration, only 142 out of the 4,112 applications via Article 15(2) received by the ministry between 2013 and 2018 were approved.
The group claimed that the process is mired in bureaucratic inconsistencies, lacks transparency, and heightens uncertainty for the families.
“The inability of Malaysian mothers to confer citizenship on a child, on the basis of gender, is both disheartening and dehumanising. The consequences of unequal citizenship laws do not solely affect mothers and their children, or even families at large, it also affects the state.
“When a portion of Malaysia’s population is excluded from fully contributing and participating in society, the nation’s economic development also suffers a loss.
“We are hopeful that this action will change the lives of many Malaysian women and their families; and that the court and the government will be convinced by the strength of our argument, moved by compassion, and do what is just and right,” the group said.
Meanwhile, in the same statement, the group’s counsel Gurdial Singh Nijar said that the government should not strike off the case before allowing it to be heard.
“Don’t lock the (court’s) doors to people who have a genuine problem.
“We cannot discriminate against citizens. We are negating the constitutional amendment done in 2001 (that eliminates gender-based discrimination), and going against Malaysia’s international obligations.
“Fundamental liberties must be given primacy and the Court must resolve this,” he said.
After hearing submissions from parties during proceedings today, Kuala Lumpur High Court judge Akhtar Tahir fixed May 6 to deliver his decision on whether to allow the government’s striking-out application.
In the originating summons, the seven plaintiffs sought a declaration that Article 14(1)(b) of the Federal Constitution read with the Second Schedule, Part II, sections 1(b) and 1(c) were discriminatory and violated Article 8.
Article 14(1)(b) read together with Second Schedule, Part II, sections 1(b) and 1(c) only grants Malaysian fathers the right to pass down citizenship to children born overseas.
Article 8 prohibits discrimination on the basis of gender.
The suit seeks a declaration that the children of Malayisan mothers should also be granted the right to citizenship.
It also seeks to compel the government and its agencies to issue citizenship documents, including identity cards and passports, to all children born outside of Malaysia, whose mothers are Malaysians. - Mkini
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