MALAYSIA: Federal Court Allows Malaysian Mothers to Pursue Appeal for Automatic Citizenship For Their Overseas-Born Children

Posted by Asia Views | Dec 14, 2022 | 0 |

MalayMail-Dec 14

The Federal Court today decided that Malaysian mothers will be able to proceed with their legal challenge against Malaysia’s discriminatory laws, which had deprived their overseas-born children from automatically becoming Malaysian citizens. In a unanimous decision, a three-judge panel led by Chief Judge of Sabah and Sarawak Tan Sri Abang Iskandar Abang Hashim granted leave for the Malaysian mothers to proceed with their appeal. The other Federal Court judges on the panel are Datuk Vernon Ong Lam Kiat and Datuk Mary Lim Thiam Suan. The Federal Court was hearing two applications for leave to appeal in two similar citizenship cases, and allowed both cases to proceed to have their appeal heard by the Federal Court. The first case involves an application to appeal by six Malaysian mothers and advocacy group Family Frontiers for leave to appeal against the Malaysian government, home minister and the National Registration Department (NRD) director-general. The second bid for appeal is by Mahisha Sulaiha Abdul Majeed, a 25-year-old woman — born to a Malaysian mother and Indian national father in India — who wanted to be declared a Malaysian citizen, but has been unsuccessful in the courts so far. Read more at: https://www.malaymail.com/news/malaysia/2022/12/14/federal-court-allows-malaysian-mothers-to-pursue-appeal-for-automatic-citizenship-for-their-overseas-born-children/45151

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EXTRICATING NDONESIAN CHILDREN FROM ISIS INFLUENCE ABROAD

Indonesia urgently needs to revisit the possibility of repatriating the neediest of its young citizens stranded abroad, whose families had earlier joined ISIS. Most of these children are in camps in northern Syria but there are also small numbers in the Philippines, Afghanistan and Iraq. “Extricating Indonesian Children from ISIS Influence Abroad”, the latest report from the Institute for Policy Analysis of Conflict (IPAC) argues that the government could begin by bringing back small groups of unaccompanied children under ten years of age, who pose minimal security risk and are most vulnerable to deteriorating conditions in the camps.“The problem is that health and security conditions are worsening by the day in the Syrian camps, and the children are growing older,” says Dyah Kartika, IPAC analyst. “They need access to schools, a nurturing environment, and medical attention. If the government waits too long, the children will be further exposed to ISIS ideology.” The new report examines a 2019 list of Indonesians in camps and prisons run by the Kurdish Syrian Democratic Forces (SDF). The Indonesian government has been trying to verify their citizenship, but with pseudonyms, misspellings and bad transliterations, it is a daunting task. At the time the data was collected, between March and June 2019, there were 555 Indonesians in SDF camps and prisons, including 367 children. Among the children, approximately 277 were under the age of ten and 34 were unaccompanied. In June 2021, there are fewer than ten children who are both unaccompanied and under the age of ten that could be prioritized for return. Bringing back children of ISIS families is no easy task. The report analyses the main challenges faced by the Indonesian government. These include definitional issues, bureaucratic competition, the difficulty of verifying nationality, evaluating the toll of exposure to conflict, assessing security risk, and finding relatives or others willing to provide care once the children are returned. In addition, COVID has meant stringent restrictions on travel, placing further obstacles in the way of repatriation. There are several models for rehabilitation of children exposed to violent extremism in Indonesia that could be modified to accommodate the needs of children repatriated from abroad. The report examines these models and argues that the government does not need to have every detail of rehabilitation programs in place before it starts extricating children from ISIS influence. It can start by bringing back the most vulnerable children and then modify programs as needed.

“It’s important that the government see these children as victims” says Dyah. “They deserve a chance to be children again.”

MALAYSIA: Federal Court Allows Malaysian Mothers to Pursue Appeal for Automatic Citizenship For Their Overseas-Born Children

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