CONSORTIUM
HEROES I
FAMILY FRONTIERS –
FIGHTING FOR EQUAL NATIONALITY RIGHTS IN MALAYSIA
Family Frontiers (FF) was initially established as the Foreign Spouses Support Group (FSSG) in 2009 by two non-citizen mothers
who experienced insurmountable difficulties in raising their Malaysian children within the country. Since 2015, they expanded their
advocacy to also combat Malaysia’s gender discriminatory nationality law and support Malaysian women who could not pass their
citizenship to their children born abroad.
Scoping and Action Awards (EUR 25,000)
READ MORE ON COVID-19
The project aimed to address challenges faced by Malaysian binational families
IMPACTS IN MALAYSIA HERE
caused by gender discriminatory nationality laws. The issues included family
separation, unequal citizenship rights of Malaysian women and their overseasborn children, access to COVID-19 vaccines, risk of arbitrary arrests and
detention of non-citizen spouses and increased socioeconomic marginalisation
due to restrictions to employment and xenophobic sentiments. Project objectives included:
•
Using project research findings to develop and disseminate materials and tools to increase awareness on the unique
challenges faced by Malaysian binational families during COVID-19.
•
Diversifying support streams and accessibility to information among the beneficiary community.
•
Conducting targeted advocacy of key stakeholders, through strategic litigation and other methods.
Impact
•
•
Successful strategic litigation before the Kuala Lumpur
High Court, supporting the cases of six Malaysian
mothers on the issue of unequal citizenship rights.
Family Frontiers won the case, with the judge ruling
in September 2021 that the word ‘father’ in the
impugned provision is to include the mother. As a
result, the children of the plaintiffs and other women
in a similar situation would be entitled to citizenship
by ‘operation of law’. The landmark case led to
widespread, nationwide discourse and support on the
issue. Key ministers (including the Ministry of Women,
Family and Community Development, Ministry of
Foreign Affairs, de-facto Law Minister and Minister of
Communications), and various Members of Parliament
from both sides of the floor stated their public support
for equal citizenship rights of Malaysian women. The
Home Minister and Law Minister also announced their
commitment to a Constitutional amendment on the
matter. However, the government appealed and in
August 2022, the Court of Appeal, in a 2:1 decision,
overruled the High Court. FF has now appealed to the
Federal Court, which (at the time of writing) is yet to
hear the case.
•
Successfully advocating against the detention (and
deportation) of two non-citizen spouses, which were
both ruled unlawful by the Courts, which ordered their
release.
•
Successful engagement with the Malaysian
government, leading to an agreement to allow foreign
spouses to return to the country, resulting in hundreds
of family reunifications since June 2020. This included
successfully advocating for:
•
Non-citizen spouses and their children to renew or
apply for visas and permits without having to leave
the county;
• Non-citizen spouses and their children (including
those withou LTSVP) to enter Malaysia upon
approval from Immigration;
• The setting up of a systematic online application
portal for non-citizen spouses and children of
Malaysians to appeal to enter or exit Malaysia; and
• The reduction of quarantine requirements for noncitizen spouses in the East Malaysian state of
Sarawak who had already undergone quarantine in
west Malaysia.
Initiating conversations and campaigns on access to
vaccinations for non-citizens.
Future Plans
FF is now working to build public and bipartisan support for a Constitutional amendment to concretise the Kuala Lumpur High
Court decision by engaging as many MPs, political parties and cabinet members as possible and amplifying campaign messaging
and content to increase public discourse and pressure on the issue of equal citizenship. FF is also taking forward the appeal to
the Federal Court. With sustained financial support, FF will be able to lead these efforts in collaboration with other partners in
Malaysia and globally.
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