Sarawak Women For Women Society (SWWS) said the ruling was a much-needed clarification on the Malaysian constitution, which should bring justice to affected children and their mothers. – AFP file photo
MIRI (Sept 11): Sarawak Women For Women Society (SWWS) applauds the High Court’s ruling on children born overseas to Malaysian mothers being automatically entitled to Malaysian citizenship.
In a press statement yesterday, the society said the ruling was a much-needed clarification on the Malaysian constitution, which should bring justice to affected children and their mothers.
It also reaffirmed the country’s commitment to ending gender discrimination, it pointed out.
“Before this ruling, Malaysian women married to foreign spouses who had a child born out of the country were denied automatic rights to citizenship, unlike Malaysian men in a transnational marriage.
“This was because officers overseeing applications followed to the letter Part II Section 1 (b) of the Constitution, which stated ‘father’, and did not take into account the later insertion of Article 8, which stated there should be no gender discrimination,” said SWWS.
“Now, thanks to the wisdom of the courts, it is clear that the Articles relating to citizenship need to be read in harmony with Article 8 so the intention of ending discrimination is enforced.”
High Court Judge Akhtar Tahir had, on Thursday, ruled that the citizenship law on its own was ‘discriminatory’, and that it must be read together with another constitutional clause that would outlaw discrimination on the basis of gender.
“SWWS applauds the wisdom of the court as well as the supportive comments of the judge’s decision made by the national de facto Law Minister, Datuk Seri Wan Junaidi Tuanku Jaafar and by Dato Sri Fatimah Abdullah’s, the Minister of Welfare, Community Wellbeing, Women, Family and Childhood Development of Sarawak.
“Dato Sri Fatimah’s comments highlight the importance of this decision for children’s future as now they will have access to education and health facilities, while the federal Law Minister’s stance is especially welcomed as it indicates that the government has accepted the ruling and does not intend to make any further appeal.
“We call upon the federal government to show their support of this popular decision by swiftly instructing all relevant departments to follow the High Court’s ruling for them to issue the relevant documents, including the all-important identity cards.
“It is important that this decision is publicised so mothers would know they can reapply (Malaysian citizenship for their children), and the heartache they have experienced can be ended,” said SWWS.
The society added that it admired and honoured ‘the brave mothers who took the matter to court, so that their children could be treated fairly’, as well as the non-government organisation (NGO) ‘Family Frontiers’, which supported them in their journey through the courts.
“The ruling is consistent with two United Nations Conventions, namely the Convention of the Rights of the Child (CRC) that gives precedence to the best interest of a child, and the Convention on the Elimination of Discrimination to Women (CEDAW), which is reflected in national law through Article 8.
“The society looks forward to the day when the proposed Gender Equality Act is tabled in Parliament to further strengthen women’s rights,” added SWWS.