KUCHING: Datuk Seri Fatimah Abdullah has expressed regret over the recent decision of the Court of Appeal which ruled that children born overseas to Malaysian mothers who are married to foreign spouses are not entitled by operation of law to be Malaysia citizens.
The Women, Early Childhood and Community Wellbeing Development Minister said that the decision was disappointing.
“When it comes to the citizenship issue, it is not easy. It is a difficult and challenging journey.
“But we need to persevere because the fight is not over,” she told New Sarawak Tribune when contacted yesterday.
Similarly, Senator Robert Lau of Sibu also expressed his disappointment over the matter.
He said that the Federal Constitution needs to be amended to allow children born overseas to Malaysian mothers who are married to foreign spouses to be granted citizenship.
“Thus, I fully support the call for Part II, section 1 (b) and (c) of the First Schedule (Article 14 (1) of the Federal Constitution to be amended by inserting words to include ‘mother’.
“These wordings in the constitution reflect the era where men are given the higher status in the family unit. Women were not equal to men in many aspects of their lives ranging from the access to education and work, the right to vote and even on pay.
“It’s time for such discriminatory relics to be changed. This task falls squarely on the Parliament to amend the Constitution,” he said in a statement.
In this regard, he urged the Prime Minister and the Minister in the Prime Minister Department in-charge of Parliament and Law to table an amendment in Parliament.
“The majority in the Court of Appeal, delivered by Justice Kamaluddin, is of the opinion that the word in the Constitution, ‘father’, is clear and unambiguous and cannot be construed to include ‘mother’.
“The dissenting judgment of Justice Datuk S. Nantha Balan, however, said there was a plain and apparent conflict between Article 8(2) and Article 14 (1). Article 8(2) prohibits discrimination against citizen on the ground of religion, race, descent, place of birth or gender in any law.
“And Justice Kamaluddin said only Parliament can rewrite the Constitution, not the court,” he said.
He went on to say that although the Court of Appeal decision came as a disappointment, it is not the end of the road as the matter is being appealed to the Federal Court, the apex court in Malaysia, for a final decision.
“It is heartening to read, even though as a consolation, in the majority decision, and supported by Justice Nantha, the judges made it clear that the status quo should be maintained for the six applicants in the suit pending disposal of the Federal Court decision.
“It went further to direct the National Registration Department not to reject those applications that were not part of this lawsuit but to suspend and freeze them pending the outcome of the appeal to the Federal Court,” he said.
He mentioned the decisions of both the majority and the dissenting judges, and especially the orders not to reject but freeze all applications, showed how the court and our legal system carried out their duties and responsibilities within the ambit of the Constitution.
“This case is a good testimony on the process of the judiciary and the critical role it plays. It also reflects the doctrine of the separation of powers among and the respective roles played by each of the three arms of our system of government (the judiciary, the legislature and the executive),” said Lau, a senior lawyer.
