SUPP calls to PM to withdraw appeal against High Court landmark case on automatic citizenship for children born overseas

suppadmin | September 15, 2021

Sarawak United Peoples party(SUPP), Secretary General, Datuk Sebastian Ting said SUPP is very disappointed with the announcement by the Attorney General Tan Sri Idrus Harun that the Government has filed in the appeal papers appealing against the High Court decision that children born overseas to Malaysian mothers and foreign fathers are automatically entitled to Malaysian citizenship.

“We would like to appeal to our Prime Minister Dato’ Sri Ismail Sabri for his urgent intervention and immediately instructs the Attorney General to withdraw the aforesaid appeal and at the same time, instructs the Home Ministry to respect and implement the High Court’s decision.We are to be reminded of our Prime Minister’s maiden speech on ‘one big Malaysian family or Keluarga Malaysia concept. All Malaysians would like to think and indeed would like to believe that the most important message of this One Big Malaysian Family concept must be the concept of inclusiveness of all Malaysians, irrespective of gender, race, religion or creed, ” he said.

Ting added that it is therefore fair to say that this Keluarga Malaysia concept will now be put to test, whether the decision of the AG to appeal should proceed or be withdrawn immediately.

SUPP, he said, hoped that Prime Minister would ponder deeply into this issue and make a quick and appropriate decision to withdraw the aforesaid appeal.

He pointed out that while pending such withdrawal decision by the Attorney General, these mothers and their loved ones will continue to endure much hardship, anxiety, stress and heartache.

Our thoughts and minds are with them. “It would be appropriate to note that Family Frontiers, a NGO, has launched an online petition and within 24 hours, more than ten thousand signatures were collected urging the federal government to drop the appeal. We must continue to stress and reiterate that Federal Constitution is the supreme law of the land and each of its Articles and Clauses cannot be interpreted in isolation especially when such interpretation does not find logic, justice, fairness, equality or simply lack of ordinary common sense, ” he said.

SUPP, he stated, is in full support of the call made by Sarawak Women For Women Society (SWWS) on the Government to promptly withdraw its appeal against the High Court decision that children born overseas to Malaysian mothers are entitled to citizenship by operation of law.

On this, we would like to refer to the thoughts of the Minster of Women, Family and Community Development Rina Harun, who had earlier publicly welcomed the court decision, describing it as a new ray of hope for Malaysian women who said the decision is PN government’s commitment to creating equality for women.

On Sept 9, the High Court had ruled that Article 4(1) of the Federal 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.

The High Court Judge Datuk Akhtar Tahir, commented strongly and succinctly that “The grievances of the plaintiffs are real; the discrimination is apparent” and thus decided that the word ‘father’ must therefore be read to include mothers and that their children are also entitled to citizenship by operation of law.

This decision was considered a landmark decision and has been well received and applauded by most Malaysians and indeed many NGOS had openly opined that this decision would see more fairness and justice towards and our women, especially mothers who have children born outside our country.

The decision to appeal as announced by Attorney-General (AG) Tan Sri Idrus Harun which was a surprise and a rude shock to many, has created a ripple of dismay, frustration and anger mong all women and numerous NGOs.