Minister: Govt can't amend Constitution to give kids born abroad citizenship

Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar said amending the Federal Constitution to provide citizenship to overseas-born children through their Malaysian mothers is beyond the powers of the government. 

He said a constitutional amendment would require the involvement of the Conference of Rulers. 

Wan Junaidi (above) said that the government would only decide on its next course of action once a Federal Court ruling is made on the matter. 

“The case is still pending in court now. We want to wait for what happens in the Federal Court. 

“Following that, only then the government will decide (on its course of action). If the Federal Court makes a different decision, we are worried that what we do may be rendered useless,” he told reporters at the Singapore High Commission’s 57th National Day reception in Kuala Lumpur yesterday. 

Wan Junaidi said that once the Federal Court makes a decision, the matter would be brought to the government, which will then bring it to the Conference of Rulers. 

A meeting today on the issue

Berita Harian reported that the minister would chair a meeting today regarding the citizenship issue with a group of local women married to foreigners. 

Wan Junaidi said last night that the meeting was called to bring the matter up to the government. 

He declined to comment on whether the government was ready to amend the Constitution as he did not want to go against the court.

The meeting will also involve the rights group Family Frontiers, which kickstarted the legal battle against the government to confer citizenship to children born abroad to foreign fathers. 

Deputy Minister in the Prime Minister’s Department (Parliament and Law) Mas Ermieyati Samsudin said the meeting would allow the group to present proposals or matters that can be brought up for the amendment.

The Court of Appeal earlier this month overturned the 2021 landmark decision of the High Court in Kuala Lumpur, which ruled 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 of the Court of Appeal, 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 ruled 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.

Family Frontiers stressed that Malaysian mothers would not be deterred and would continue the fight before the Federal Court. - Mkini