HONOURABLE prime minister and members of the cabinet,

ON December 22, the Court of Appeal dismissed the government’s application to stay the implementation of the High Court decision for Suriani Kempe & Ors v Malaysian government & Ors. The Malaysian courts once again ruled in favour of Malaysian mothers, underscoring the urgency of their children being granted citizenship documents immediately. In light of this development, once again, we strongly call on the government to withdraw its appeal against the High Court judgement.

The High Court judgement on September 9 ruled that, just like Malaysian men, Malaysian mothers have the right to confer citizenship by operation of law on their overseas-born children. This brought relief and hope to Malaysian mothers in that they no longer had to face the inequities and struggles that result from unjust citizenship laws. However this relief was short-lived when the government filed an appeal three days later. 

By withdrawing the appeal, the government can bring about sweeping change and correct the injustice against thousands of Malaysian women and their children since the federal constitution was enacted in 1957. In one fell swoop, the government could eliminate the inequities Malaysian women face due to unjust citizenship laws; remove the artificial barriers that keep families apart and reunite them; ensure that children of Malaysian mothers are able to access basic rights, such as education and healthcare; and reduce the anxiety and fear of forced separation that plagues mothers whose children are almost 21 years old. Upon reaching 21 years of age these children are no more than tourists.

Fundamentally, withdrawing the appeal would signal that the government recognises and affirms the equal worth and dignity of all Malaysian women, and that the lives of our children matter just as much as those of Malaysian men. The irony is that the very same children, if they had been born in Malaysia, would automatically be citizens. This incongruity that remains in the constitution has to go, to ensure that article 8(2) which prohibits discrimination on the basis of gender has meaning in our lives.

The High Court judgement interprets the existing relevant citizenship provisions in the Federal Constitution to recognise the right of Malaysian mothers to confer citizenship on their children. Accepting the High Court’s decision is therefore in line with the government’s declared commitment to amend the Federal Constitution which is actually not needed if the government accepts the High Court decision. For all intents and purposes, withdrawing the appeal would be logical, compassionate and, mostly importantly, the right thing to do. 

Quick issuance of citizenship papers

In the meantime, on December 29, three of the mothers who are plaintiffs in the court case went to the National Registration Department (JPN) in Putrajaya to obtain their children’s citizenship documents. While we thank JPN for efficiently facilitating the process of registering the children’s birth overseas and confirming their citizenship, the three mothers were informed that the documents will only be issued in three months. With school commencing on January 9, 2022, we hope that the government expedites the issuance of the children’s citizenship-related documents to enable their enrolment in time for the commencement of the academic year. 

Swift compliance with court order

The High Court order clearly states that the issuance of citizenship-related documents applies to “all mothers who are experiencing similar issues, as they qualify for citizenship by operation of law for their children who are born abroad” (“semua ibu lain yang menghadapi hal keadaan sedemikian adalah layak untuk kewarganegaraan di sisi undang-undang by anak yang lahir di luar Persekutuan”). 

We look forward to JPN taking immediate steps to comply with the court order, and facilitate the issuance of citizenship-related documents for all similarly affected mothers and their children. We also look forward to the Foreign Affairs Ministry coordinating with JPN to have a smooth and expeditious process for Malaysian mothers who are currently overseas, in the same way as for Malaysian fathers.  

Any delay serves as a threat to the safety and welfare of Malaysian women and their children, particularly so in these times of the Covid-19 pandemic. 

Honourable prime minister and ministers, 

It is clear that no justifiable reason exists to deny and delay Malaysian women the equal right to confer citizenship to their children, regardless of where they are born or who the father is. The High Court decision has harmonised the reading of citizenship provisions in the Federal Constitution, with article 8(2) which guarantees equality before the Law and prohibits discrimination on the basis of gender. 

Malaysian mothers are already vested with the constitutional right to confer citizenship on an equal basis, and should be allowed to enjoy the fruits of the successful High Court decision without further delay. In light of the latest Court of Appeal decision, the government is best positioned to withdraw the appeal and implement the High Court order in its entirety without delay. –  December 31, 2021.

* Hui Ying Tham is Family Frontiers vice-president.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.