Court of Appeal rejects Putrajaya’s stay of execution against Family Frontiers

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KUALA LUMPUR – The Court of Appeal has denied Putrajaya’s stay of execution application against a high court decision that confirmed Malaysian mothers’ equal rights to automatically confer citizenship to their overseas-born children.

A three-quorum panel featuring Datuk Seri Kamaludin Md Said, Datuk S Nantha Balan and Datuk See Mee Chun chaired the hearing today.

They agreed with senior lawyer Datuk Gurdial Singh Nijar who told the court the current matter is about people, not property or money.

He emphasised that the children should be allowed to enjoy the fruits of the successful high court judgement immediately.

NGO Family Frontiers said in a statement that this ruling is in line with Putrajaya’s commitment made on September 24 to amend the federal constitution to give recognition to the previous high court decision.

“The Court of Appeal’s decision would mean that Malaysian mothers can now obtain identity documents for their overseas-born children, consequently putting an end to these children’s struggles with regard to access to fundamental rights – this includes affordable healthcare and education, and the ability to live with their family without the fear of separation.

“Malaysian mothers are ecstatic by the decision,” said the NGO.

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#ManaDokumenKami: M’sian mum makes plea for citizenship papers of child born overseas

KUALA LUMPUR – Yet another tale of a Malaysian mother struggling to obtain citizenship papers for her child born overseas has surfaced, with apparently no answers from the National Registration Department (NRD) for the past six years.

Alison Wee, through a video posted on the Family Frontiers’ (FF) Facebook page, pressed on the NRD for answers as to why her daughter, now aged six and whose identity is being withheld, is still not recognised as a Malaysian.

The mother, through the video, claimed that she had gone to register the birth of her child at the Malaysian consulate-general in Naning, China, where she was working as a lecturer and researcher.

“That was submitted in 2016, and now it’s 2022, and she still hasn’t gotten her Malaysian citizenship yet.

“I was in China because I was teaching at a university and was doing good research, and I thought I was making my country proud,” Wee said in the video.

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Court decision has ‘ripped my heart out’, says mum

PETALING JAYA: Several young Malaysian mothers have expressed disappointment over the Court of Appeal’s decision to overturn a High Court ruling that allowed women to confer citizenship on their children born abroad by operation of law.

One of them said the decision has “ripped my heart out”.

In a 2-1 judgment in favour of the government, the appellate court ruled that children born overseas to Malaysian mothers can be denied citizenship as the word “father” in Article 14(1)(b) of the Federal Constitution and its related provisions in the Second Schedule is “clear and unambiguous” and cannot be construed to include “mother”.

“Today’s decision has ripped my heart out as a woman and a mother,” said Mashithah, a Malaysian mother who is affected by the ruling.

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Ruling on overseas-born kids against Keluarga Malaysia spirit, says Suhakam

PETALING JAYA: The Malaysian Human Rights Commission (Suhakam) has called on the government to expedite the proposal to amend the Federal Constitution to provide citizenship to children born overseas to their Malaysian mothers.

The commission expressed its disappointment in the recent Court of Appeal ruling to uphold the current law that children derive citizenship from only their Malaysian fathers.

“This is not in line with the intent and spirit of the Keluarga Malaysia concept. Malaysian women are also forced to migrate because their children are not accepted here.

“Many children are separated from their families and even suffer mental health issues due to their uncertain future,” it said in a statement.

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Wanita BN backing for automatic citizenship via mothers

PETALING JAYA: Wanita Barisan Nasional has called for a constitutional amendment to provide automatic citizenship for overseas-born children of Malaysian women.

Wanita BN leader Noraini Ahmad said the movement appealed to the government to amend the Federal Constitution so that the meaning of the word “father” in the citizenship clause be extended to include “mother” or be changed to the word “parents”.

Malaysian women have protested against a recent appeal court ruling that overturned a High Court decision that the citizenship clause should be read to mean that children could derive citizenship from either parent. However the appeal court said the word “father” in the clause could not be extended to include the mother.

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UN experts say citizenship ruling flouts international obligations

PETALING JAYA: A United Nations group against discrimination of women has criticised Malaysia over a court ruling against citizenship for children born overseas to Malaysian mothers.

Melissa Upreti and Dorothy Estrada Tanck, who head the UN working group, said that the ruling contravened Malaysia’s obligations under international law.

They urged the government to interpret provisions on citizenship without discrimination based on descent, place of birth or gender in any law.

They expressed regret over the government’s decision to appeal a ruling by the High Court last year which had said that provisions of the Federal Constitution referring to the father could be extended to mean the mother.

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