Bipartisan support sought for constitutional amendment over citizenship issue

KUALA LUMPUR: MPs from both sides of the political divide have been urged to back an amendment to the Federal Constitution which currently only allows citizenship to be granted to children born overseas with Malaysian fathers.

Ramkarpal Singh (PH-Bukit Gelugor) was referring to Article 14(1)(b) and the word "father" in Part II, Section 1(b) of the Second Schedule of the Federal Constitution.

"These provisions are unclear – they are ambiguous. It has led to citizenship being awarded to children of Malaysian fathers," he said during his speech on the Royal Address in Parliament on Tuesday (Sept 21).

Ramkarpal noted the High Court decision on Sept 9 allows citizenship to be conferred automatically to children born overseas of Malaysians and their foreign spouses.

He also noted the government's appeal against the landmark ruling.

"We have to realise that even if the government decides to withdraw its appeal, the High Court decision is not binding on higher courts," said Ramkarpal.

He explained that the matter would not be resolved until constitutional amendments are made.

"Other high courts in future can make different interpretations and they can revert to the situation where citizenship is only accorded to children of Malaysian fathers – not mothers, he said".

Ramkarpal called for MPs to set aside political differences as a constitutional amendment requires support of at least two-thirds of the 220-seat Parliament.

"If the Constitution is amended to remove that ambiguity, then this issue will not happen again in future.

"I'm urging the government to take that action and I hope everyone will support the constitutional amendments," he said.

At present, children born outside the country are entitled to Malaysian citizenship under Article 14(1)(b) of the Federal Constitution, read in line with Section 1(b) and Section 1(c) of Part II of the Second Schedule.

Section 1(b) and Section 1(c) state that the child's "father" has to be a Malaysian citizen.

Johor Ruler Sultan Ibrahim Ibni Almarhum Sultan Iskandar Shah had said that all children born to Malaysian parents abroad must be accorded the right to Malaysian citizenship.

The Sultan also urged the government to abort its plans to appeal the Sept 9 High Court ruling.

Several MPs had also voiced out against the matter, including Datuk Seri Nazri Aziz (BN-Padang Rengas), who urged the government to withdraw its appeal immediately.

Nazri, the former law minister, said the appeal would further discriminate against women and it should not have been filed in the first place.