Malaysian mums see hope for children’s recognition as citizens after court rejects govt’s bid to suspend ruling

KUALA LUMPUR, Nov 15 — Malaysian mothers today said they are “once again filled with hope”, after the High Court today dismissed the Malaysian government’s bid to temporarily suspend a court ruling that recognised the mothers’ overseas-born children as being entitled to Malaysian citizenship.

In a statement by advocacy group Family Frontiers, it commented on the High Court’s dismissal today of the government’s stay application, stating: “With this decision, we are once again filled with hope.”

Adlyn Adam Teoh, one of the six mothers in the lawsuit, said the High Court’s dismissal of the stay application brings great relief and a sense of hope that her anxiety of her child being taken away from her may be finally lifted.

“My child has always been Malaysian and I can’t wait for him to get his MyKid. When this happens and my son sings the lyrics to ‘Saya Anak Malaysia’, it will ring true,” she was quoted saying in the Family Frontiers statement.

One of the six mothers identified only as Vimala said: “I really hope the Government can stop putting hurdles on us mothers and our children as we need to move on with our lives.”

Chee Yoke Ling, an executive committee member of Family Frontiers, said the group looks forward to the High Court’s September 9 decision being carried out.

“The legal basis of the judge’s decision was very clearly stated and we look forward to the judgment being implemented immediately,” she was quoted saying.

Earlier this morning, the High Court had heard the Malaysian government’s application to stay or suspend the High Court’s September 9 decision that was in favour of the Malaysian mothers.

The High Court had on September 9 recognised that Malaysian mothers have equal rights — just like Malaysian fathers —- to pass on their Malaysian citizenship automatically to their children born abroad, while also ordering for the government to issue all the relevant documentation for citizenship for such children born to Malaysian mothers.

The High Court’s previous September 9 decision was delivered in the lawsuit filed by advocacy group Family Frontiers and six affected Malaysian mothers who have overseas-born children against the Malaysian government, the home minister and the National Registration Department director-general.

Following the High Court’s previous September 9 decision, the Malaysian government and the other two defendants had on September 13 filed an appeal at the Court of Appeal and had also on September 14 filed the stay application — which was heard today — at the High Court.

In the same statement, Family Frontiers urged for the Malaysian government to recognise the children born abroad to Malaysian mothers as citizens too.

“In line with the spirit of #KeluargaMalaysia and Malaysia’s seat at the UN Human Rights Council, Family Frontiers calls on the Malaysian Government to do right by Malaysian mothers and end their struggles, anxiety and uncertainty by implementing the High Court decision on 9 September 2021 without further delay.

“Malaysian mothers have waited long enough, how much longer do they have to wait until their children can be recognised as anak Malaysia? Justice delayed is justice denied,” the group said.

Separately, a lawyer for Family Frontiers and the six mothers -- Joshua Andran -- said the plaintiffs are “very encouraged” by the High Court judge’s decision and reasoning.

“His Lordship expressly recognised the hardship faced by these Malaysian mothers, their children and the family unit, which would continue if the stay of the judgment is allowed. 

“One of the children involved in this case is already 17 years old. He has been deprived of Malaysian citizenship all his life. How long more should these Malaysian families be asked to wait?” he told Malay Mail.

“On the other end of the spectrum we have families with young children, babies, who face hardship in entering Malaysia. Many family units are separated because of these travel restrictions,” he added when explaining the hardships caused due to Malaysian mothers’ overseas-born children yet to be recognised as citizens.

The part of the High Court’s September 9 decision that the Malaysian government and the two other defendants were seeking for a stay of is where the judge had ordered all the authorities to issue the relevant documentation such as identity cards and passports if citizenship is granted to the overseas-born children of Malaysian mothers.

The Malaysian government had asked for a stay until the Court of Appeal hears and decides on the government’s appeal. This application was rejected today.

The government’s appeal on the High Court’s previous September 9 decision is scheduled for case management on November 17 at the Court of Appeal.

Previously, Home Minister Datuk Seri Hamzah Zainudin had on September 22 told the Dewan Rakyat that his ministry had filed the appeal and also applied for a stay of the High Court decision, in order to prevent contempt of court and to not breach the Federal Constitution while the government pursues a proposed amendment of the Federal Constitution.

The minister said that the Home Ministry plans to seek for a new government policy to amend the Federal Constitution to make things easier for Malaysian mothers married to foreigners and who give birth overseas, while saying that such Constitutional amendment on citizenship matters requires consent from the Conference of Rulers in line with the Federal Constitution’s Article 159(5).

Family Frontiers on September 25 said the home minister’s reason for continuing to appeal the court’s decision was baffling, asking if the minister had sought commitment of MPs for a two-third majority support to amend the Federal Constitution and also highlighting the lack of timeframe given for the amendment with no remedy being given in the meantime.

Family Frontiers on October 28 also asked the government for updates on its proposed efforts to ensure equal citizenship rights for Malaysian mothers and their overseas-born children, in light of the government’s latest disclosure that it had only approved 21 of 2,352 citizenship applications made by Malaysian mothers for their children while rejecting 31 of such applications during the 2018 to October 11, 2021 period.