Malaysian mothers face 'invisible wall' of discrimination in citizenship battle

 

An invisible wall with a door that opens for men and rarely for women - that is how a Malaysian mother fighting for equal rights to confer citizenship to her child born abroad to a foreign father has described the state of discrimination in Malaysia following the latest Court of Appeal ruling.

Suriani Kempe, who led the rights group Family Frontiers in its ongoing legal battle against the government, said this is despite the fact that oftentimes Malaysian women were charged the same or more “entrance fee” to pass through the “door”.

“From our side of the wall, we can see that the children of Malaysian men are able to access the most fundamental rights, such as education and healthcare, and can stay together as a family without the fear of ever being separated.

“If we can just get our children through that door, we’d be alright,” said Suriani in a Facebook post.

“With the High Court decision, it felt like that door had opened a crack, and all of the possibilities that the other side had to offer became just a little bit brighter, a little bit more tangible, a little bit more available to Malaysian women and their children.

“But the Court of Appeal’s decision slammed that door shut again, and it feels like the fragile hope that we held in the palm of our hands was ripped from us; like we have been shoved out again, and this exclusion hurts,” she said.

Suriani Kempe

The Court of Appeal on Friday overturned the 2021 landmark Kuala Lumpur High Court decision that Malaysian mothers have the same right as Malaysian fathers to confer citizenship by operation of law to children born overseas.

In a two-one majority, the three-person bench chaired by judge Kamaludin Md Said allowed the appeal by the three appellants - the government, the home minister and the National Registration Department (NRD) director-general.

On Sept 9 last year, the High Court declared that children born overseas to Malaysian mothers and foreign fathers are automatically entitled to Malaysian citizenship.

The respondents in the matter are six Malaysian mothers and Family Frontiers.

“Today is painful, but tomorrow will bring another day that we turn these tears and bruises into the armpit and continue to claim our rights as citizens of equal worth, value, and dignity,” said Suriani.

Meanwhile, Suhakam, in a statement, expressed disappointment over the decision.

It said the decision would negatively impact not only Malaysian mothers but also their children in meeting basic needs, including access to medical services, education, citizenship and other rights guaranteed to all Malaysian citizens under Malaysian law.

“Suhakam recalls the government’s commitment under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women and its commitment to ensuring that domestic legislation should affirm the principles of equality between men and women without any discrimination and to protect and fulfil children’s basic rights,” said Suhakam.

Suhakam reminded that the Council of Rulers had, on Nov 23 last year, approved the establishment of a committee that was given six months to work on an amendment to Article 14(1)(b) of the Federal Constitution on the acquisition of citizenship.

“However, the six months have since passed, and no such presentation has been made to date.

“Suhakam stresses the importance of the amendment to Article 14(1)(b) of the Federal Constitution, and any delays in doing so is a deliberate negligence of meeting the rights of women and children in Malaysia,” it said.

At the same time, the national human rights commission voiced support for views by dissenting judge S Nantha Balan that the status quo should be maintained for the overseas-born children of six Malaysian mothers - including Suriani - who had earlier obtained their Malaysian citizenship papers until the Federal Court decides on their final appeal.

In his dissenting ruling, Nantha Balan said that the lower court’s harmonious interpretation of the issue is correct because the traditional interpretation of the citizenship clause shows a plain conflict as the bloodline of Malaysian mothers who are treated as inferior to that of Malaysian fathers.

The six Malaysian mothers and Family Frontiers initially filed their civil action at the High Court on Dec 18, 2020. - Mkini