Overseas-born kids' citizenship: Family Frontiers files appeal at apex court

Family Frontiers and six Malaysian mothers have filed an appeal at the Federal Court today in its bid for Malaysian mothers to be accorded the same right as Malaysian fathers in granting citizenship to children born overseas.

The Court of Appeal had on Aug 5 decided to allow the government’s appeal to overturn a 2021 landmark decision by the Kuala Lumpur High Court that Malaysian mothers, like Malaysian fathers, can also confer citizenship to children born overseas.

In a statement today, Family Frontiers said after the Court of Appeal’s verdict, they were given 30 days to file an appeal at the Federal Court and in that time, they met with various ministers to try to resolve the issue through a constitutional amendment.

Despite the public commitment from lawmakers to support equal Malaysian citizenship rights for women should a constitutional amendment be tabled in Parliament, Family Frontiers noted there has been little indication of a specific timeline for this to happen.

Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar had also previously said the government would wait for the Federal Court’s decision in this matter before making any decisions.

Family Frontiers president Suriani Kempe

“The lack of political will to amend the Federal Constitution to remove the gender discrimination in citizenship rights for Malaysian women means that the struggles of affected Malaysian mothers and their overseas-born children will continue, and we cannot wait indefinitely,” said Family Frontiers president Suriani Kempe.

As such, Family Frontiers urged the government to uphold the rights of half its population by “bringing the Federal Constitution into the 21st century” and to honour their obligations to abide by the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) and the Convention on the Rights of the Child (CRC).

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