GENDER AND LEADERSHIP CONFERENCE 2017: LEADERSHIP KNOWS NO GENDER.

http://unmcignite.com/gender-and-leadership-conference-2017-leadership-knows-no-gender/

GENDER AND LEADERSHIP CONFERENCE 2017: LEADERSHIP KNOWS NO GENDER.

SEMENYIH: On 31st March a Gender and Leadership Conference, ‘Leadership Knows No Gender’, was held in room F1A11. The event went on from 9 AM to 12 PM, involving a quality line-up of four influential speakers. It was organised by four students enrolled in the NAA module, Gender and Leadership; in collaboration with Gender Equality in Nottingham (GEN). Furthermore, it seems that this conference is especially timely as the next SA President for the 2017/18 term is Tormalli Vigilia Francis, who will be the second female SA President of UNMC.

The event began with an opening speech from Professor Rozillini Mary Fernandes, who gave an inspirational introduction to female leadership. She then stressed the importance of women in policy-making roles. According to her, despite female constituting 50% of the world population, only 22% of global parliamentarians are women. She says:

“There is still some long way to go for us to achieve that level of 50 percent, but if we can achieve 50% parliamentarians, I don’t think we will have this [gender] debate anymore because policies do make a lot of difference.”

Tony Pua, Member of Parliament for Petaling Jaya Utara

MP Tony Pua. Photograph by Foo Jing Wern

The first speaker of the day was MP Tony Pua. His speech was concerning the minimal involvement of Malaysian women in political issues. With the rhetoric of a politician, his beginning account was persuasive:

“Let me perhaps start off my not-too-long speech by highlighting the fact that it is a little sad – it’s not just here, it’s everywhere – when it comes to gender issues, women issues, you see maybe 10% men and 90% women.”

He then suggested that the difficulties women face during participation in politics include religious conservatism, patriarchal dominance and traditional ideas in the family. However, while he admitted that religious conservatism is one of the toughest boundaries to achieving gender equality in political leadership, he did not directly address it because he says it is “very sensitive” in the Malaysian context.

Pua argues that male dominance in society originates from ancient civilisation because physical strength was the primary source of survival at the time. However, he says that physical strength is no longer crucially important in modern society. He adds that:

“Going forward, strength doesn’t get you anywhere anymore, other than winning Olympic medals. You don’t need strength to run computer systems, you do not need physical strength to run a country, you do not need speed to get from one place to another because you can drive your car or sit in a plane […] and that’s something that gives a huge leg up to women going forward.” 

Pua also addressed the role of traditional viewpoints in the family that hinders women’s involvement in national politics. One key instance of familial traditionalism is the assumed caregiving role of women. For instance, mothers remain the ‘default caregivers’ in families. Thus, in order to challenge such traditional notions, policy-makers should provide the paternal leave to fathers, which has been an objective of his party.

Due to his scheduling difficulties, Pua needed to address the Q&A session right after his speech; in the agenda, forum discussion would only have started after all speeches of the speakers. The audience raised multiple quality questions. One was the difficulty of making politics attractive to young women. In response, Pua first discussed the similar traditional ideas that constrain young women within the household.

In addition, he pointed out the importance of having a role model for young women:

“By having more women in top positions, whether in government or in the party, it actually elevates the status to many other young women who [would] see more women in this field, and possibly [become] more interested in the subject.”

 One critical question from an academic of UNMC sparked a sudden yet significant discussion of feminism and sexism. In the asker’s research, she found that the DAP had inserted a sexist headline to describe DAP candidate Dyana Sofya Mohd Daud in 2014. It seems that instead of emphasising her professional identity, the party seemed to have focused more on her physical appearance.

Pua’s response was both thorough and indirect. Before he accepted the possibility that the DAP could have made such mistake, he discussed the debate amongst feminists, questioning whether describing a woman for her beauty is actually politically incorrect.

Goh Siu Lin, Chairwoman of the Kuala Lumpur Bar Committee

Goh Siu Lin. Photograph by Foo Jing Wern

The second speaker started her speech with a background story of her life experience. Having a diverse background, as well as with her experience overseas, Goh Siu Lin believed that her social trajectory has shaped her personal development and journey to becoming a senior lawyer today.

The main focus of her honest and inspiring speech was on the dilemma of becoming a mother and simultaneously a senior lawyer. This difficulty resonated with the sentiment of many in the audience. She urged all young women to understand the idea of feminism and gender relations. In fact, she had not understood until she started her professional career as a young lawyer. According to Goh:

“I joined AWL, which is the Association of Women Lawyers, and I got my first training on feminist perspectives of law, right. So life changed after that. It [became] better.”

However, this is not only limited to women. Goh implied that it is important for men to understand the feminist ideology too. After explaining the importance of feminism to her husband, she states that he has taken initiatives in caregiving. She says:

“[As for] my husband, it’s not his fault because he was brought up in a household where the mother was the homemaker, so he never knew anything else. This was where the education came in. So I then re-educated him.”

This part of her speech received a round of applause.

Her dedication, professionalism and perseverance led to her growing leadership in the Kuala Lumpur Bar Committee. According to Goh, her colleagues are eager for her to run for the chairwomanship earlier this year. However, despite her speech advocating female leadership and gender equality, IGNITE discovered evidence of sexism in a range of media content describing her title.

In the official brochure of this conference, Goh is titled as the first ‘female chairman’. In the Malay Mail Online article announcing her chairwomanship, she is described as a ‘chairman’. In the official website of Shook Lin & Bok in which she acts as a legal partner, she is again recognised as the ‘chairman’.

Some may think that using ‘chairman’ to refer to female leaders is acceptable despite the generic suffix -man. But the use of ‘chairman’ to describe women is widely identified as an explicit form of sexist language.

Gender in language was proven to be crucial especially when the speaker herself, while referring to her volunteering for a firefighting role during her child’s birthday party, consciously put it this way:

“They asked for three volunteers to be firemen. So one man, two men, but it cannot be all men. So I jumped up, I said I want to be a firefighter.”

Jason Lo, CEO of Tune Talk

Jason Lo. Photograph by Foo Jing Wern.

After a 15-minute break, the third speaker began his speech. He used a large amount of analogy from his business experience to explain his main idea of gender and leadership. Jason Lo stated that he emphasises demographic diversity in Tune Talk. He makes sure that there is tolerance of the transgender and homosexual community in the workplace.

But he later said that some of his Muslim followers on Twitter denounced his tolerance of transgender and homosexuality with harsh words. Yet, these same people change their tone from anger to confusion when they find out  that he is actually also a Muslim.

While many may not understand how that could relate to gender and leadership, it is perceived that, as the speaker afterwards noted; gender and leadership as well as gender equality all begin from education and the virtue of open-mindedness.

However, some of the Lo’s word choices raised questions of sexism, although he dismissed it with the thought that these were only “jokes”. Key examples include one occasion where he stressed the word ‘ass’ in ‘assets’ twice, and he stated that women have many assets, “not only two”.

(The use of language by Jason Lo is open to public interpretation, IGNITE has no part to intervene.) 

Molly Fong, CEO of The Body Shop of West Malaysia and Vietnam

Molly Fong. Photograph by Foo Jing Wern.

The last speaker of the conference was a Nottingham alumnus. Molly Fong started by announcing that there is a box of condoms in the Body Shop bags that were distributed to each audience member. The purpose of these condoms was to remind female audience members that women no longer have to be afraid of purchasing condoms in the public.

The main emphasis of her speech was on the importance of activism in achieving gender equality. She stressed that the business class in society should conform to Corporate Social Responsibility (CSR).

According to Fong, the Body Shop has organised a series of activist movements in order to achieve social purposes. She strongly believes that if corporate employers maintain a set of moral principles, companies and employees will then as well fulfil social responsibilities.

She later suggested that cultural constraints – such as the media and celebrities – are what shape gender stereotypes and sexism in society. Yet she seemingly ignored these cultural constraints by urging women to remove all “excuses” in life and be committed to achieving professional success.

Forum Discussion

Photograph by Foo Jing Wern.

The final session of the conference was an open discussion. Key issues include the way women could break the glass-ceiling and the lack of interests amongst young people in activism. The three speakers on stage (MP Tony Pua had left as stated earlier) provided answers to the questions.

Goh and Fong stressed that it is true that women might need to work harder in order to achieve equal professional identities with men. This shows that gender equality, according to Goh’s feminism, is still present in society. Fong then explained that activism is not synonymous with major civil movements in society. Instead, it starts with conversations in the private life. The three speakers urged the younger generation to persevere and be brave in challenging inequalities and falsehood in society.

The conference reached its falling action with a closing speech by Dr Lucy Bailey. She complimented the four NAA students for their dedication and proactivity in organising the conference. After a well-deserved round of applause for the committee, she continued:

“We just wrote the occasional email, and gave a bit of advice; but this event has come from this group of people and to me, that’s been absolutely inspiring. I’ll like to thank you, and you are my role models as well.”

The event ended as the speakers were given tokens of appreciation. ‘Leadership Knows No Gender’ ignited enthusiasm amongst the audience. Hopefully, it helped achieve a greater understanding of gender relations especially within the younger generation, which is a fundamental step to achieving equality in society.

Written by Teoh Sing Fei

photographs by  Foo Jing Wern

Fighting for Gender Equality & Diversity - Focus Malaysia

Sharing my journey, a 2 page article by Han Kar Kay, 10th May, 2017

Source: http://www.focusmalaysia.my/People/fighting-for-gender-equity-and-diversity

The Butterfly Effect - President's Address (AWL's 34th AGM, 27th April, 2017)

27^th April, 2017

34^th  Annual General Meeting of the Association of Women Lawyers

PRESIDENT’S ADDRESS

A warm welcome to all of you. Thank you for attending AWL’s 34^th Annual General Meeting. It is marvellous to see new and familiar faces amongst us. For the benefit of our new members, it would be appropriate for me to begin with a brief history of AWL.

AWL was established in 1983 by the diligence, foresight, sacrifice and commitment on the part of our founding members -  Dato’ Noor Farida Ariffin, Tan Sri Dato Seri Siti Norma Yaacob, Dato’ Ambiga Sreenivasan and Chen Kah Leng. In those early years, AWL was one of five (5) women’s groups^[1] whose tireless advocacy and lobbying efforts culminated  in the passing of the Domestic Violence Act 1994^[2]. Malaysia was a pioneer and the first country in the Asia-Pacific region then to have domestic violence legislation.

However, subsequent to those early trail-blazing years, AWL, under the unfortunate moniker of FOWL^[3] (Federation of Women Lawyers, Malaysia), fell into a downward spiral and appeared to have lost its significance for well over a decade.

Fortunately, in 2008, we managed to shed our FOWL feathers and went through a process of renewal and reinvention, emerging like a phoenix from the ashes. A few individuals were instrumental in leading this change to revamp the society’s structure and mission. Some of these individuals are here with us today, Ms Jane Pragasam, Ms Vicky Alahakone and our immediate past President, Ms Meera Samanther. 

As the society began to regain its footing, there was recognition of the need to support female lawyers in the profession but empirical data was required to provide credibility to any proposals or projects for change.

The beginnings of an idea for a survey was suggested^[4] over a latte by Sheena Gurbakhash to our immediate past-President, Ms Meera Samanther. On 26 June 2014, that idea became a reality! The Findings of the Baseline Survey^[5] on the Working Conditions of Male and Female Lawyers in KL & Selangor was officially launched at the KL Bar Auditorium with copies of the Baseline Survey ceremoniously handed to the then President of the Malaysian Bar^[6] (Mr. Christopher Leong) and both Chairmen of the KL and Selangor State Bars. Notably at that time, no female lawyer had ever held the chairman post for both State Bars.

The AWL Baseline Survey provides hard data that women lawyers faced gender discrimination and vindicated what in the past, had been mere anecdotal accounts.  Key areas were identified with recommendations and programmes to eradicate gender inequality in the legal profession. 

In October 2016, AWL was invited by the Thailand Institute of Justice (TIJ) to participate in the South East Asian Regional Roundtable Discussion on “Women As Justice-Makers”^[7] held in Bangkok. We were most elated to have been given the privilege of presenting a copy of our AWL Baseline Survey to the then Australian Ambassador for Women & Girls, H.E. Natasha Stott Despoja.

The AWL Baseline Survey provided the seed that grew into an organic collaboration between AWL and the Bar Council, leading to the formation of the Gender Equality Initiatives (GEI), a platform to raise awareness on issues on gender discrimination amongst students of local law colleges.

Last year, the theme “Women in Leadership Positions” was selected for the GEI Colloquium^[8] held in June, 2016 and the GEI Moot in November 2016. Special thanks to the organising team led by Meera Samantha and Santhi Latha, our Secretary, Kathlyn Lee who delivered the Colloquium keynote address and our Treasurer, Daniella Zulkifili who crafted the moot problems based on real-life case studies. The GEI theme and moot questions were intended to make the students to think and analyse why was there a dearth of women in leadership roles. Is there discrimination? If yes, why does such discrimination exist? What were the underlying root causes? These questions and more, highlight and bring into focus the barriers to a woman’s career and leadership progression - issues such as pregnancy and the double burden of child and elder care.

To me, it was an extremely befitting theme given my own personal experiences and the internal mental struggles I had to overcome before deciding to stand for the post of Chair at the Kuala Lumpur Bar Elections earlier this year, on 23 February 2017. But I did it! We did it!

I now move on to the AWL Annual Report which chronicles the hard work of the society. The successful implementation of our projects was only possible with the passion and dedication demonstrated by my fellow Exco members. We do this work not for ourselves. Our success and satisfaction comes from helping other people, advocating for gender-sensitive laws and policies^[9], working for a more inclusive bar and educating others^[10]. We work so that the term “feminist” will one day shed its unfair negative connotations and to narrow the gender gap^[11].

The next stage is for AWL to continue on its mission to advocate for an enabling environment for women lawyers. A platform for women lawyers to speak out about what we can do for one another. Mentoring, friendships, supportive networks whether formal or informal. To help someone behind us to accomplish and fulfil their fullest potential, to level the playing field.

Next, is a project close to my heart, the AWL’s Child Sexual Crimes team. This originally began in late 2015 as a Standard Operating Procedure (SOP) project in collaboration with the AG’s Chambers, WCC Penang, relevant governmental stakeholders and child-focused NGOs.

In 2016, one representative each from AWL and WCC Penang, were selected to represent the Joint Action Group for Gender Equality (JAG) at the Sexual Crimes Taskforce^[12] which led to the eventual tabling of the Sexual Offences Against Children Bill (SOAC)^[13]. It gives me great delight to inform you today that the SOAC Bill was passed last night by the Dewan Negara^[14].

We would like to thank Melissa Akhir of WCC Penang and our Vice President, Tham Hui Ying. Melissa (also an AWL member) and Hui Ying were tremendous sources of support during the hectic weeks in March and April this year during our SOAC engagement with Parliamentarians. It’s been a wonderful journey. So far, what moves each and every one of us is the possibility of making a difference and the exhilarating feeling that comes when we see it crystallise and happen.

Needless to say, our work to strengthen victim support services for child victims of sexual crimes is far from over. AWL continues to support the Star’s R.AGE Team in this area. Most recently, we have been invited to participate in the filming of a mock trial^[15] on the new offence of sexual grooming, to take place next Saturday.

I don’t believe anyone has to wait to make a difference. Your ability to impact others never stops. If you say no, you only shut yourself from opportunities, like attending a networking event, meeting new people and transforming mindsets, others and yours. So what I would advise is, be open to opportunity and from my personal experience, life has begun to change in a very positive way. It has not always been easy, it is hard work, there are costs and sacrifice involved. However, we should take on the challenge and stretch ourselves to gain new experiences and skill sets.

To conclude, how many of you have heard of the Butterfly Effect^[16]?  I read about this recently and it’s a powerful illustration of how little acts can result in dramatic effects. The butterfly effect chaos theory is that a butterfly flapping its wings in South America can affect weather patterns causing a typhoon halfway around the world!

So, we owe it to the next generation of women lawyers to put our hands down and pull them up. These small gestures will have tremendous and lasting impact on the careers of women. Together, we can be very powerful. Let us be part of the solution. Let us effect amazing change…  just like those butterflies, right here in Malaysia.

Thank you.

GOH SIU LIN

President

Association of Women Lawyers (2015-2017)

---

^[1] Women’s Aid Organisation (WAO), Association of Women's Lawyers (AWL), Malaysian Trade Unions Congress Women's Section, University Women's Association (University Malaya) and the Selangor and Federal Territory Consumers' Association

^[2] http://www.sistersinislam.org.my/news.php?item.597.12

^[3]https://books.google.com.my/books?id=5cbIDAAAQBAJ&pg=PA364&lpg=PA364&dq=federation+of+women+lawyers+malaysia&source=bl&ots=LHw_rORRHX&sig=X2K0-iYcQrZWXpDQfxfYghXzGTM&hl=en&sa=X&redir_esc=y#v=onepage&q=federation%20of%20women%20lawyers%20malaysia&f=false

^[4] http://www.awlmalaysia.org/sites/default/files/ressources/AWL%20summary%20report.baseline%20study%20on%20the%20working%20conditions%20of%20male%20and%20female%20lawyers%20in%20kl%20and%20selangor.26june14.pdf

^[5] http://www.awlmalaysia.org/sites/default/files/ressources/AWL%20final%20report.baseline%20study%20on%20the%20working%20conditions%20of%20male%20and%20female%20lawyers%20in%20kl%20and%20selangor.12feb14.pdf

^[6] https://awlmalaysia.blogspot.my/2014/09/51-is-it-level-playing-field.html

^[7] https://www.facebook.com/pg/AWLMalaysia/photos/?tab=album&album_id=1173118259402223 “Women and girls in the justice system should not only been seen as "passive citizens, victims, inmates or mere onlookers but also as lawmakers, law enforcers, law supporters and indispensable resources for the system reform."

^[8] http://www.awlmalaysia.org/content/gei-2016-colloquium-women-leadership

^[9]http://www.huffingtonpost.com/2013/10/22/denmark-happiest-country_n_4070761.html

^[10] http://www.huffingtonpost.com/entry/why-feminism-is-good-for-men_us_574f1d58e4b0c3752dcc3018

^[11] http://www3.weforum.org/docs/GGGR16/WEF_Global_Gender_Gap_Report_2016.pdf

Malaysia is placed 106 out of 144 countries in the Global Gender Gap Index 2016

^[12] http://www.thesundaily.my/news/1950293 “Azalina to head new taskforce on crimes against children”

^[13] https://www.facebook.com/ragepmp/videos/623909834476959/ Predator in my Phone “Congratulations Malaysia, We did it.”

^[14] 26 April, 2017. http://www.bernama.com/bernama/v8/ge/newsgeneral.php?id=1351030 “Dewan Negara Passes Sexual Offences Against Children Bill 2017"

^[15] At ILKAP on 6 May 2017

^[16] https://en.wikipedia.org/wiki/Butterfly_effect

Interview with Umapagan Ampikaipakan of BFM - "Leading Lady of the Law"

Sharing this interview that was aired on BFM with Uma and Producer Tashia. xx

Extracts and link below

http://www.bfm.my/leading-lady-of-the-law.html

LEADING LADY OF THE LAW

Goh Siu Lin, Chairman of Kuala Lumpur Bar Committee

10-Apr-17 19:00

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Women make up 51% of practicing lawyers in Malaysia, but the profession is still largely seen as a boys club. Disparity in the number of females in partner positions persist, and there is still a lack of presence in the executive committees of Bar Councils across the country. But this year, in a surprise landslide victory, Goh Siu Lin was elected as the chairman of the Kuala Lumpur Bar Committee, making her the first woman to ever hold the position. There's lots to do, and Siu Lin has one year to make some big changes. We catch up to find out what her plans are to create a more equal and inclusive Bar.

Tags: Evening Edition, In Focus, Goh Siu Lin, Kuala Lumpur Bar Committee, Equality, Malaysian Law, Association of Women Lawyers, Government/Regulatory/Policy Making, Other personality interviews

Dan Lain-lain

Life

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BFM Interview on Rape Laws in Malaysia (10.4.2017)

This was a pre-recorded interview done on 31st March, 2017 with Emir of BFM, discussing the Global Rape Epidemic report by Equality Now.

The interview was aired on Monday morning (10th April, 2017) and here's the link below:

http://www.bfm.my/current-affairs-is-our-rape-law-serving-justice.html

Lawyers: Give automatic citizenship to stateless children adopted by Malaysians by Ida Lim

Reproduced from:

http://m.themalaymailonline.com/malaysia/article/lawyers-give-automatic-citizenship-to-stateless-children-adopted-by-malaysi

KUALA LUMPUR, March 23 ― Putrajaya should automatically grant citizenship to stateless children born in Malaysia once they are adopted by Malaysian parents, lawyers have said.

Lawyer Raymond Mah asserted the National Registration Department (NRD) has wrongly applied the law with its current practice of only granting citizenship to adopted children in two scenarios: if the biological parents are a married Malaysian couple, or if the biological mother is Malaysian but gave birth without being married.

“This practice is without any legal basis and has unlawfully rendered stateless many adopted children whose biological mother is unknown or is non-Malaysian,” he told Malay Mail Online when contacted.

In Malaysia, a child who is born here out of wedlock to a Malaysian father and foreigner is considered to take on the biological mother’s nationality. The Court of Appeal, in a case last Thursday, said this meant the child’s statelessness was unproven and prevented him from being recognised as a Malaysian citizen.

Mah argued, however, that the NRD should instead use the nationality of the adoptive Malaysian parents when deciding if citizenship should be granted for a stateless child who has been adopted.

“The NRD's reference to the citizenship of an adopted child’s biological parent is wrong and irrelevant, as the child's post-adoption birth certificate has reference only to the adoptive parents. Further, the biological mother no longer plays any part in the child’s life and it is not logical for an adoptive child to follow his/her biological mother’s citizenship,” he said.

For a Malaysia-born child lawfully adopted by Malaysian parents, Mah argued that the child should be entitled to citizenship under Section 1(a) of Part II of the Federal Constitution’s Second Schedule — which requires at least one of the parents to be a Malaysian citizen.

This is because the adopted child’s lawful “parents” would be the adoptive Malaysian parents, owing to the Adoption Act 1952’s Sections 25A(5) and (6) where the post-adoption birth certificate — which names the adoptive parents as the child’s “parents” — is to be used to determine who the parents are.

“The pre-adoption birth certificate is no longer valid and further reference cannot be made to it, even for the purpose of determining the Child’s citizenship. Again, reliance on sections 25A(5) and (6) of the Adoption Act 1952 is often overlooked,” he said.

“In order to avoid prejudice to stateless and adopted children arising from the misapplication of the present laws, legislation should also expressly provide that an adopted child is entitled to Malaysian citizenship if the adoptive parents are Malaysian citizens,” he added.

Best interests of the child

Family lawyer Goh Siu Lin supported the automatic citizenships for stateless children adopted by Malaysian parents, and noted the government appeared in recent times to not even give them the permanent residencies that she said was the norm before.

“I would urge the government to revisit this position as this is contrary to intent of the Adoption Act 1952 which by Section 9(1) provides that an adopted child is to be treated as though born to the adoptive parents in ‘lawful wedlock’ and Section 25A which provides that the birth certificate of the adopted child should not contain the word ‘adopted’ and by extension, the adopted child should have the same citizenship status as his adoptive parents,” she said.

She also said the Malaysian government and the Malaysian courts are required by the United Nations’ Convention of the Rights of the Child’s (CRC) Article 3 to to place the “best interests of the child” as the “primary consideration” when making decisions and interpreting laws.

“Malaysia should give effect to its international obligations under the CRC and remove its reservation to Article 7 of the CRC and to put in place enabling laws to give effect to the right of a child to acquire a nationality, currently denied to the many stateless children in Malaysia,” she said.

Among other things, Article 7 states a child shall have the right to acquire a nationality, with countries to ensure the implementation of such rights in accordance with their national law and international obligations, especially when the child would otherwise become stateless.

Malaysia ratifed the CRC in 1995, but said it would only apply five of the international treaty’s provisions — including Article 7 — if they conform with the Federal Constitution, national laws and national policies.

Lawyer Simon Siah, who noted most stateless children in Malaysia are denied citizenship due to being born out of wedlock to a non-Malaysian mother, similarly proposed Malaysia ratify the CRC’s Article 7.

“With this, all the children should be given a citizenship as long as one of their parent is Malaysian. Adopted children must also be given citizenship and the State must always keep in mind the priority is the children,” he said.

Lawyer Annou Xavier said Malaysia must have the political will to give effect to the CRC since it ratified the international convention, also highlighting the importance of the convention’s Articles 7 and 3 that touch on the right to nationality and the best interests of the child to be given primary consideration.

“What are primary interests of children? A child must have a place of residence or a country which he can reside as home,” he said, also backing the granting of citizenship to those adopted by Malaysians.

Annou said there should be an amendment of the Federal Constitution provision that currently said a child's citizenship followed the biological mother's citizenship status, saying a child should be recognised as citizen as long as either parent is Malaysian. The NRD website names this provision as Section 17 of Part III of the Federal Constitution’s Second Schedule.

Human rights lawyer Honey Tan cited the Universal Declaration of Human Rights' Article 15, which stated that every person has a right to a nationality.

“Every person who is born in Malaysia should have citizenship. If either one of the parents of the child is Malaysian, that child should also be a citizen automatically,” she told Malay Mail Online when contacted.

That overlooked ‘one-year’ clause

In a classic example of Malaysia-born illegitimate children being denied citizenship despite having a Malaysian biological father, a six-year-old boy last Thursday lost his bid to be recognised as truly stateless, even when the Thai woman whose nationality he was deemed to have taken on was untraceable.

Among other things, the boy had sought for a court order to be declared a citizen via the Federal Constitution’s Article 14(1)(b) and section 1(e) of Part II of the Constitution’s Second Schedule, which states that every person born in Malaysia and who are not born a citizen of any country is a Malaysian citizen by operation of law.

But Mah pointed out that the constitutional provision of section 1(e) should be read together with Section 2(3) of the same Schedule, which he said makes it clear that Malaysia-born children who do not obtain citizenship from any other country within a year of their birth is a Malaysian citizen.

“Unfortunately, the importance of Section 2(3) in interpreting Section 1(e) of Second Schedule of the Federal Constitution is often overlooked,” he said.

“In respect of stateless children who have not been lawfully adopted, the NRD should recognise them as citizens provided that it is proven that they were born in Malaysia and that there is no evidence that they in fact obtained foreign citizenship within a year after their birth in Malaysia,” he also said.

The NRD should also be prepared to accept sworn statements and other evidence from the child and the relatives on the child’s birth in Malaysia and whether foreign citizenship was indeed obtained within a year after birth, with the burden being on the NRD to disprove such claims, he said.