Govt must retract appeal against citizenship ruling: Lawyers' group
Lawyers for Liberty (LFL) has urged the government to withdraw its appeal against a court declaration of automatic citizenship for overseas-born children of Malaysian mums and foreign dads.
In a media statement today, LFL coordinator Zaid Malek (above) called on the government to end blatant discrimination against Malaysian women in the right to confer citizenship to children.
“It is unacceptable that the government has decided to prolong the...
Lawyers for Liberty (LFL) has urged the government to withdraw its appeal against a court declaration of automatic citizenship for overseas-born children of Malaysian mums and foreign dads.
In a media statement today, LFL coordinator Zaid Malek (above) called on the government to end blatant discrimination against Malaysian women in the right to confer citizenship to children.
“It is unacceptable that the government has decided to prolong the difficulties that Malaysian mothers with foreign spouses face when acquiring Malaysian citizenship for their children born overseas.
“They live in fear that their children could be rendered stateless due to the narrow interpretation of the Second Schedule, Part II, Section 1(b) of the Federal Constitution.
“The High Court’s decision finally assured that their children can now acquire citizenship by operation of law in cases of overseas birth,” he said.
Yesterday, the government appealed to the Court of Appeal against the Sept 9 verdict of the High Court in Kuala Lumpur, which declared that Malaysian women have the same right as Malaysian men to confer citizenship on children born overseas.
The Sept 9 High Court ruling declared that overseas-born children of Malaysian mothers and foreign fathers are also entitled to automatic Malaysian citizenship.
Zaid contended that the reasoning behind the government’s appeal is clear, pointing out that the Home Ministry had previously insisted that giving Malaysian women the right to bestow their citizenship to their children who are born abroad threatens Malaysia’s security and sovereignty, due to the fact that they could be granted dual-citizenship.
“It is absurd to imagine that a child could be a threat to national security on these grounds. This is not a good reason to deny Malaysian women the right to choose their children’s nationality, especially as the same concern is not applied to Malaysian men with foreign spouses, whose children can acquire citizenship in either of the parent’s countries.
“The larger consideration here should be the effect on the children’s future, should they be rendered stateless because of a gendered interpretation of the Constitution.
“We believe that the High Court is correct to read Article 8 and Article 14(1)(b) of the Federal Constitution together as there cannot be gender discrimination in the application of our laws.
“It is time for Malaysia to move forward and join the majority of other countries in acknowledging that parents, regardless of gender, should have the right to pass down their nationality to their children.
“To our shame, Malaysia is part of only 25 countries that still discriminates against women in citizenship laws,” Zaid noted.
In its ruling, the High Court said Malaysian women have the same right as their male counterparts in citizenship to their children, based on the harmonious reading of Article 8(2) of the Federal Constitution, read together with Article 14(1)(b) of the Constitution which is also read with Section (1)(b) of Part II of the Second Schedule of the Constitution.
The lower court 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 citizenship by operation of law.
Earlier this morning, it was reported that Malaysian mothers were appalled by the government’s decision to appeal against the landmark decision.
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