High Court decision on citizenship conferment to children born abroad to Malaysian mothers must be honoured & implemented

Wanita MCA welcomes the High Court ruling that children born overseas to Malaysian mothers and foreign fathers must be automatically conferred citizenship. This judgement is fitting and upholds gender equality as envisaged by amendments made to Article 8(2) of the Federal Constitution which outlaws gender discrimination. Citizenship rights for children trapped in this lacuna is a cause which Wanita MCA has engaged with Joint Action Group (JAG), striven for and supported their efforts throughout these many years.

We urge the National Registration Department, Immigration Department and all Malaysian Embassies and High Commissions abroad to heed this Court’s finding and register the Malaysian citizenship whenever a Malaysian mother registers the birth of her infant or minor child be it in Malaysia or overseas.  

As this judgement was made at the High Court level, there is still avenue to reverse the decision. Wanita MCA urges the Home Ministry to respect this verdict, and to not consider filing an appeal on this matter so as to uphold gender equality, the rights of women and to end discrimination against Malaysian mothers.

By not appealing against the ruling, the Malaysian government will also reflect humanity and compassion. Why punish innocent children further as they could end up stateless?

Abiding with this judgement will also show that our nation complies with the tenets of the Committee on the Elimination of Discrimination against Women (CEDAW) since Malaysia is a signatory.

Allow citizenship rights for children born abroad to unmarried Malaysian parents

Meanwhile, Wanita MCA also asserts that legislation must be amended to confer citizenship on any child born overseas so long as one parent is Malaysian, irrespective of the gender or marital status of the parents. We are reminded of the Federal Court 4-3 judgement in May this year which disappointingly ruled that Article 14 allows discrimination between a legitimate and illegitimate child, and it is also gender biased against the mother.

The Federal Constitution should be amended to clearly indicate either parent, irrespective of gender or marital status, and where the child is born has the right to confer Malaysian citizenship to his/her offspring.

In a case involving a child born to an unwed Malaysian father and Filipino mother abroad, the majority ruling declared that the child did not meet the requisite criteria stipulated pursuant to Article 14(1)(b) of the Federal Constitution read together with Section 1(b) of Part II of the Second Schedule and Section 17 of Part III of the Second Schedule to be declared a citizen by operation of law, properly construed.

“Since Section 17 of Part III of the Second Schedule defines the word 'father' as referring to 'mother' in a case of an illegitimate child, the child’s citizenship cannot follow that of his father (The Edge, 28 May 2021).”

Datuk Heng Seai Kie
Wanita MCA National Chairperson

-MCA online-