Rights of Malaysian mothers and their children upheld by ruling, govt should not appeal

WANITA MCA lauds the wisdom of the Court of Appeal judges who in a unanimous decision succinctly described that this case “involves the rights of children and these rights have been recognised by the High Court” when it dismissed the government’s application to stay or temporarily suspend issuing citizenship-related documents to children born overseas to Malaysian mothers.

The judgment of the three learned Appellate Court judges explained that “the circumstances are compelling and the respondents (Malaysian mothers) should not be deprived of the fruits of judgment of the High Court.”

Government must not lodge further appeals

Wanita MCA hereby appeals to the government and the Home Ministry not to file any further appeals with the Federal Court over this case of citizenship conferment.

Lodging an appeal with a higher judicial authority gives the wrong impression that the government discriminates against women and is prejudiced against children born abroad to Malaysian mothers married to non-Malaysian citizens.

The government should not pursue this matter any further. Instead, let the ruling hold as this matter involves upholding gender equality by ending discrimination against Malaysian women, recognising that the rights of a Malaysian mother are equal and not inferior to those of a Malaysian father, in addition to safeguarding the rights and welfare of an innocent newborn infant.

The Court of Appeal had recognised the consequences of allowing a stay or reversal of the High Court order when it elaborated that “this only means there would be retraction of citizenship, this is a risk that respondents are well aware of.”

End the confusion and discrimination, amend legislation

Among the resolutions at Wanita MCA’s recently-concluded 46th Annual General Meeting was a call to the Home Ministry to amend laws regarding the application of citizenship for children of citizens married to foreign spouses.

The women’s wing of MCA reiterated that so long as one spouse is a Malaysian citizen, his or her child who was born overseas and registered at the respective Malaysian Embassy or High Commission must be given citizenship automatically.

We hope the Home Ministry and the Attorney General’s Chambers will abide with the Court of Appeal ruling.

By amending existing legislation to ensure that Malaysian mothers overseas have identical rights as Malaysian fathers, the authorities would thus reflect the universal values of gender equality and protect the child from difficulties that arise from being stateless through no fault of theirs.

DATUK HENG SEAI KIE

Wanita MCA National Chairperson