Wanita MCA fully supports Constitutional amendments to accord equal citizenship rights to children born overseas by Malaysian mothers

Wanita MCA supports any move by the government or authorities to amend existing legislations, including making changes to  Article 15 of the Federal Constitution to enable Malaysian mothers the Constitutional right to confer citizenship to their children regardless if the latter is born in Malaysia or abroad.

Recognising the citizenship rights for children whose fathers are non-Malaysians must receive all-around bipartisan support as it is a matter of addressing human rights and ending gender discrimination which have nothing to do with political affiliation, ideology or affiliation.

Now only will such a revision in our laws empower Malaysian women, more importantly, it will uphold gender equality as enshrined in Article 8 of our Federal Constitution which reads, “there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law…”

There is no reason at all, nor should there be any reason to deny and prevent Malaysian mothers the equal right (which Malaysian fathers are bestowed with) from conferring citizenship to children whose fathers are non-Malaysians. If a Malaysian father can confer citizenship to his child, why should a Malaysian mother be denied the same privilege?

Wanita MCA also wishes to draw attention to Section 12 of the Immigration Act 1959/1963 (Act 155) which provides for endorsement of the name of the wife and children on Permits, Passes and Certificates but not that of the name of the husband and children. This Section too should be amended to effect equal citizenship rights to the Malaysian wife and her children.

After numerous u-turns on its Manifesto Harapan, if the Pakatan government can succeed in accomplishing this bold Constitutional change which will safeguard gender equality, then it can boast of fulfilling Commitment 4 of its Manifesto which promises to ensure the legal system protects the rights and dignity of women.

Impacts of non-citizenship

Children who have yet to be accorded citizenship status suffer discrimination. At school and at government hospitals and clinics, they have to pay full fees – thus adding a financial burden to the family and if they belong to the B40 group, a child may just have to drop out of school due to unaffordability to attend school. They cannot hold a passport and thus are prevented from travelling abroad, or upon entering Malaysia, may not leave. Even then, their right to stay is that of a social visit pass. As adults while scouring for a job, their rights to work are conditional, similar to foreign workers here.

It is thus incumbent for all MPs and Senators irrespective of political alignment to support any revisions in legislations to effect upholding of gender equality and terminating gender discrimination.

Datuk Heng Seai Kie
Wanita MCA National Chairperson

-MCA online-