PENGERANG MP Azalina Othman Said’s private member’s bill for a constitutional amendment to grant citizenship to overseas-born children of Malaysian mothers proves that their rights should not be denied, a civil society group and mothers said.

They said while the bill is a step in the right direction, it could be years before the situation is remedied.

Family Frontiers president Suriani Kempe said the government is trying to block the move at every turn.

“This (citizenship) case has attracted the attention and support of a vast number of Malaysians, and this effort by MPs is yet another demonstration of the widespread support to ensure that children of Malaysian mothers are not further denied their rights,” she told The Malaysian Insight.

“We urge the government to listen to the voices of the people and uplift their calls for Malaysian women to have the same equal right to confer citizenship to their children, as do Malaysian men.”

Azalina submitted her motion to Dewan Rakyat secretary Nizam Mydin Bacha Mydin on September 15.

She has requested that the bill be tabled in the next Dewan Rakyat sitting on October 3.

Azalina, who is the chairman of the parliamentary special select committee on women, children and social development, is seeking to amend part II of the second schedule of the Federal Constitution to insert the words “or mother” after the word “father” in clauses (1)(b) and (1)(c).

The clauses state that every person born outside the Federation on or after Malaysia Day, whose father is at the time of the birth a Malaysian citizen, is considered a Malaysian citizen by  law.

Last September, Kuala Lumpur High Court ruled that constitutional provisions on citizenship rights must be read together with provisions against gender discrimination.

High Court judge Akhtar Tahir decided that the word “father” in article 14 must be read to include mothers.

The judgment was subsequently reversed by the cout of appeal.  Justice Kamaludin Md Said, in his judgment, said the word “father” in section 1(b) of Part II of the second schedule is not intended to include the mother.

However, Justice S. Nantha Balan, who gave the dissenting judgement, said there is a plain and apparent conflict between articles 8(2) and 14(1)(b), and its related provisions of the Federal Constitution, which implies that the bloodline of the mother is inferior to the bloodline of the father.

He also added: “It is illogical, perverse and degrading to the dignity of Malaysian women”.

The Federal Court fixed December 14 to hear the application by Family Frontiers for leave to pursue their appeal against the ruling.

No quick fix

Esther Teo, 35, whose oldest daughter was born in Frankfurt, Germany, said she is grateful to Azalina.

“She has been a great support to us, she has been very vocal. This shows that our voice is being heard by politicians,” Teo said.

“The court process is ongoing and parallel, there is this bill. Both will take time.

“At the end of the day, it is about the children. I’m still hoping for instant relief. I have to deal with all this uncertainty.”

Teo said the government has clearly opposed Family Frontiers application from the start and is likely to be predisposed against the bill.

“It’s a private member’s bill that isn’t initiated by the government. I hope (this time) they will listen to us.”

Her oldest daughter, who is now in Year 1, is currently enrolled in a government primary school. But she is in Malaysia on a student visa that needs to be renewed yearly.

Another mother, Rachel Ng women’s rights should not be denied.

“Although it is a step in the right direction and we welcome the move, I am afraid that it will take time and great effort to make it happen.

“We are stuck in limbo. Why isn’t the government protecting its citizens and children?”

Ng’s eight-year-old son was born in the United Kingdom. 

She applied for citizenship for her son when he was 10 months old at the Malaysian High Commission in London. He has yet to receive his citizenship. – September 28, 2022.