On the 17th of November 2021, I issued a statement urging the government to abide by the High Court’s decision and carry out its orders to grant citizenships to children born to Malaysian mothers. I have also raised the issue in Parliament.
Yesterday I was furnished in Parliament with an answer from the Home Ministry that the government has decided to appeal against the High Court decision on and has indeed filed a fresh application for stay on 16th of November 2021 against the decision on the court to dismiss the government’s stay application on the 15th of November 2021.
With all due respect, let me remind the government that the stakeholders involved here are Malaysian women who form 50% of the country’s electorate. I believe with the right consultation, even the Council of Rulers will sympathise with the plight of Malaysian mothers. There are many methods to instilling safeguards to ensuring that people do not take Malaysian citizenship for granted but punishing Malaysian mothers and children born to Malaysian mothers who are living in Malaysia is not the right way to go. We must move to be proactive and not reactive and what the government is doing is being reactive to the situation at the expense of Malaysian women.
On the 9th of September, 2021, the Malaysian High Court delivered a landmark decision pronouncing that Malaysian women should have the same right as Malaysian men, under the Federal Constitution, to pass on citizenship automatically to their children born overseas.
Despite bipartisan urging not to appeal, Malaysia’s government filed an appeal as well as a stay of execution of the High Court’s decision.
Home Minister Datuk Seri Hamzah Zainuddin should explain why the administration chose to defy the resounding plea from women leaders from both sides of the bench to not appeal the decision, not to apply for a stay of execution and to immediately grant citizenship to the children as decided by the High Court.
I have highlighted previously that the government’s consistent steps to appeal against the High Court’s decision shows marked disrespect against women and shows that it condones gender-based discrimination. How will the government answer to its commitment to uphold the safety, security and well-being of women in Malaysia internationally?
I call upon the Prime Minister and the Home Ministry to shift the mindset used to view this issue. How is a mindset such as Malaysian women should not have equal rights as Malaysian men to grant citizenship rights to their children stand in 2021? Then the “Keluarga Malaysia” concept is also an illusion is it not?
There are thousands of children affected and thousands of mothers who are Malaysian citizens who are placed at an unfair position due to no fault of theirs.
I stand by the High Court’s decision to dismiss the stay application on 15 November 2021 as this is also a social and policy issue that goes to the heart of national identity. What is the government’s solution to the thousands of children who remain victims to this discrimination? My call is for Datuk Seri Hamzah Zainuddin to carry out the prayers granted by the court i.e. to grant the children citizenship. Take ownership of this problem, create the political will to solve and it will be solved. Gate-keeping to citizenship should not be carried out by unfair procedures and discriminatory provisions.