Abim urges govt to withdraw appeal on citizenship for kids born abroad

KUALA LUMPUR – The Muslim Youth Movement of Malaysia (Abim) urged the government to withdraw its appeal against the high court’s decision on equal citizenship for children born abroad, lambasting the government of failing to uphold and protect the dignity of women. 

In a joint statement today, Abim vice-presidents Fatin Nur Majdina Nordin and Adli Zakuan Zairakithnaini said that the appeal, set to be heard by the Court of Appeal at 9am tomorrow, is tantamount to the government choosing to treat women as second-class citizens. 

“According to Article 8 of the federal constitution, all persons are equal before the law and are entitled to equal protection by the law. 

“It is not appropriate for Malaysian mothers to experience various difficulties and be denied the rights of their children born abroad just because they are women. 

“The slogan ‘Keluarga Malaysia’ does not mean anything if we do not stand up for all our citizens, regardless of gender,” they stressed. 

The duo also pointed to the short film Saya Juga Anak Malaysia to drive home their points on how the issue of citizenship does not involve threats to the country and is instead deeply impactful to the well-being of families in terms of access to health services and education. 

Premiered by Family Frontiers on March 20, the movie featured Puan Aini, a Malaysian mother whose biggest challenge came in the form of raising two special needs children with differing nationalities. 

Her non-Malaysian son is unable to obtain a person with disabilities card, an important document for school admission and health insurance, the latter of which is a requirement for him to obtain a student pass to study in government or private schools. 

Malaysia is one of 25 countries that do not give mothers and fathers equal rights when it comes to passing on citizenship to their children. 

The constitution grants Malaysian fathers the automatic right to confer citizenship on their children born overseas, but not Malaysian mothers.

On September 9 last year, the high court ruled that Malaysian mothers have the right to confer citizenship on their children born overseas on an equal basis with Malaysian men.

The court ruled that Article 14(1)(b) of the constitution, together with the Second Schedule, Part II, Section 1(b) pertaining to citizenship rights, must be read in harmony with Article 8(2), which prohibits discrimination on the basis of gender.

Judge Datuk Akhtar Tahir said the word “father” must be read to include mothers, and that their children are entitled to citizenship by operation of law. 

On September 13, however, the government had filed a notice of appeal against the decision and a stay of execution pending the appeal application, generating much backlash from the public and supporters of the cause. 

The stay of execution was later dismissed by the high court on November 15 and the government was ordered to pay RM5,000 as costs to the plaintiffs. – The Vibes, March 22, 2022