Disappointing, appalling: NGO slams delay of children citizenship

 

A group of Malaysian mothers staged an ad hoc protest at the Putrajaya National Registration Department (NRD) today over their submissions for their overseas-born children seeking Malaysian citizenship.

Led by the Association of Family Support & Welfare, Selangor & KL (Family Frontiers), the group pointed out discrepancies in the submission process for Malaysian men and women.

This follows the High Court ruling in September 2021 which declared that Malaysian women and men are supposed to have equal rights to confer citizenship on their overseas-born children.

Speaking to reporters outside the NRD building, Family Frontiers lead coordinator Bina Ramanand questioned the delay in granting citizenship to overseas-born children of Malaysian mothers.

“The court order clearly stated that (Malaysian) mothers in a similar situation should follow the same process that (are followed by Malaysian) fathers.

“Many of them have submitted their documents since Dec 31, 2021, so we are wondering why it should take so long for them to process.

“All these mothers came to check the status (of their applications), and many of them were told that it would take (another) six months,” she said.

Bina referred to the Kuala Lumpur High Court decision on Sept 9 last year, where the judge ruled that Malaysian women married to foreign men have the same rights as Malaysian men married to foreign women to confer citizenship by operation of law on their children who are born overseas.

It was reported that following the landmark High Court ruling, some Malaysian mothers finally succeeded in registering their children as citizens with the NRD.

Home Ministry blamed

In a statement, Family Frontiers said that while the High Court ruling applied to “all Malaysian mothers in similar situations”, only the six plaintiffs in the court case have received their overseas-born children’s citizenship documents.

“It is disappointing that the other impacted mothers who have since submitted their documents have yet to receive their children’s citizenship documents.

“It is appalling that the Home Ministry still does not have in place a clear and consistent procedure among the NRD branches and Malaysian Missions Overseas (MMO) in the processing of the Malaysian mothers’ documents,” they said.

The citizenship registration of overseas-born children below the age of 12 months is an immediate and straightforward process if their father is a Malaysian citizen, said Family Frontiers.

Malaysian mothers however are subjected to their applications being registered at JPN in Putrajaya for an indefinite amount of time, they added.

“It is incumbent upon the government to protect its citizens while ensuring that their welfare is prioritised.

“The government’s delay in the issuance of citizenship documents places Malaysian women and their children in situations of uncertainty, harm, and even violence.

“This prolonged agony continues to force women to remain in toxic marriages and deny children equal access to public education and affordable healthcare.

“Taking into consideration the continued challenges and struggles faced by Malaysian women as a result of Malaysia’s gender-discriminatory citizenship laws, the government should keep up to its pledges in the international arena to uphold women’s equality and the best interests of children.

“The government can respect the High Court decision or live up to its publicly announced commitment to amend the Federal Constitution to grant Malaysian women equal citizenship rights,” they said.

For the record, the government is appealing against the High Court ruling.

Ruling based on Constitution

High Court Judge Akhtar Tahir, in his ruling, said this is due to the harmonious reading of Article 8(2) of the Federal Constitution, read together with Article 14(1)(b) of the Federal Constitution, which is also read with Section (1)(b) of Part II of the Second Schedule of the Federal Constitution.

He ruled that a reading of all these provisions together prohibits discrimination based on gender when it comes to conferment of citizenship.

Article 8 deals with the fundamental right to equality before the law, with the provision’s subparagraph two stating: “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth, or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding, or disposition of property or the establishing or carrying on of any trade, business, profession, vocation, or employment.”

Article 14 deals with Malaysian automatic citizenship by operation of law.

Part II of the Second Schedule of the Federal Constitution is in relation to Malaysian citizenship by operation of law of persons born on or after Malaysia Day.

The government will know on June 22 whether it succeeds in its appeal to deny automatic citizenship to overseas-born children of Malaysian mothers and foreign fathers. - Mkini