PETALING JAYA: While civil society is clamouring for amendments to the Federal Constitution on the rights of women to obtain citizenship for their children born abroad, legal experts have expressed reservations.
Some Malaysian women and NGOs are questioning why Article 14(1)(b) of the Constitution, which gives fathers the right to citizenship for their overseas-born children, omits any mention of mothers and is worded thus.
They claim the Constitution denies the rights of Malaysian women and favours men.
Constitutional expert Datuk Dr Wan Ahmad Fauzi Wan Hussain said the rationale for Article 14(1)(b) is to avoid dual citizenship.
“Our country does not recognise dual citizenship. Therefore a child will follow the biological father’s citizenship,” he told theSun.
Ahmad Fauzi said the practice goes back to the formation of the Federation of Malaya, when the country extended citizenship to immigrants in return for loyalty to the country.
“The history of this country plays an important role in forming the nation, and that is why we must respect the Constitution and understand the rationale behind it.”
Lawyer Mohamed Haniff Khatri Abdulla said when it comes to constitutional provisions, it can be considered as a living, breathing thing.
“From time to time, if there is a need to amend the Constitution, it can be done as long as it does not jeopardise national sovereignty.”
Mohamed Haniff said taking a second look at the Constitution does not equate with undermining the rule of law.
“Studies must be done, and it won’t be an overnight process. Just because many people are asking for it doesn’t mean it must be done as the consent of two-thirds of the members of Parliament is needed to amend the Constitution.”
On women demanding the same rights as men concerning citizenship for their children, Mohamed Haniff said it (the amendment) should not be rushed.
“They should know the law, and they were very well aware of it when they decided to marry men from a different country.”
He said although he agreed that times have changed and it is not wrong to study amendments to the Constitution, he disagreed that it had to be rushed.
Wan Ahmad Fauzi and Mohamed Haniff were commenting on the theSun’s report on Wednesday that several NGOs want speedy constitutional amendments to give women the same rights as men concerning their children’s citizenship.
All Women’s Action Society information and communications officer Jernell Tan Chia Ee previously said the inability of women to automatically accord nationality to their children is an expression of a state’s position that the father plays a more significant role in his child’s legal identity.
She said this perpetuates the patriarchal idea of women’s inferiority and discounts women’s equal responsibility and role as a parent.
UN experts said affected women were less likely to leave abusive relationships and that their children risk statelessness. They said Article 14(1)(b) contravenes Malaysia’s obligations under international laws concerning citizenship and its transference without discrimination based on sex.