KUALA LUMPUR, July 24 — Malaysian citizenship laws are widely perceived as disfavouring Malaysian women who give birth abroad and want their children to be recognised as citizens of this country.
In contrast, Malaysian women who wish the same for their overseas-born children must apply for Malaysian citizenship under Article 15 of the Federal Constitution. The family have endured long separations since, as some of the children could not remain in Malaysia legally and were forced to study or work overseas instead.
Although she had wanted the same for her eldest, she was told that Syed Muhammad Jazib, didn’t qualify for citizenship as he was over 18. Left with little choice, he decided to pursue his studies in the United Kingdom. Meanwhile, Family Frontiers is a non-governmental organisation that supports Malaysian mothers’ fight for equal citizenship rights.
She is on a 10-year Residence Pass-Talent which allows her to work and study here. She vows to keep fighting until she gets her official Malaysian citizenship papers.Under Article 14 of the Federal Constitution, every person born on or after Malaysia was formed in 1963 and fulfilling any of the conditions in Part II of the Second Schedule of the Federal Constitution are “citizens by operation of law”.
Instead of being able to use the Article 14 method like Malaysian fathers — where Malaysian citizenship for overseas-born children is automatic if all conditions are fulfilled — Malaysian mothers like Sabeena had been forced to rely on the Article 15 method for their overseas-born children. However, the government appealed against the decision and the Court of Appeal will issue its judgement on August 5.
Following the High Court’s decision, Sabeena and Niba visited the NRD, hoping to file a new citizenship application — this time under Article 14. “They are making it hard by imposing unlawful restrictions, which is a breach of their duty to uphold the constitutional rights,” she said, referring to NRD officials.
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