性别左右国籍传承 官僚僵化制度偏颇
Chinese
version:
1. 当初是在什么情况下成立Family
Frontiers的呢？ 可否向我们介绍一下Family
Frontiers这个组织呢？
雪隆家庭支援与福利协会，或又称Family Frontiers（家庭前线），是一个注册团体，宗旨是为了促进和巩固家庭单位以确保没有任何家庭被遗弃在后。这个协会成为外籍配偶支援小组Foreign Spouses Support Group (FSSG)的正式附属体，支持和倡导大马外配的权益，同时动员争取平等公民权的运动。
外籍配偶支援小组（FSSG）成立于2009年，创始人是两位嫁给大马公民的外籍配偶妈妈。他们经历了不少难以克服的困难在国内养育孩子长大。他们成立这小组为了支援其他遭遇类似挑战的外籍配偶，旨在通过影响政策和提供社区及联络网服务来促进、宣导和保护大马外籍配偶和孩童的权利。
自2015年，FSSG已扩张倡导范围，除了外籍配偶，也同时帮助那些面对获取公民权难题的大马人。家庭前线Family Frontiers现在正领导着一个大马人要求公平公民权运动，争取法律和政策改革达至性别平等法律、政策和规范，以便大马人拥有平等权利赋予公民权给他们的孩子和配偶。
2020年7月，一些直接或间接被上述问题困扰影响的人士聚集在一起，在大马社团注册局下注册成立了家庭前线
Family Frontiers。组织的愿景是为了实现性别平等、不再被歧视或偏差对待，让跨国家庭的大马人可以全面享有人权，并受到他们家庭、社区和社会的肯定与保证。同时这组织也为了要促进、宣导和强化家庭团结和发展，确保没有家庭被遗弃在后。
2. 在Family
Frontiers下，有多少位受影响的母亲？ 他们为子女的公民身份争取了多久？ 有没有成功的案例？
家庭前线正策划和管理一个同伴支援网络给那些正在争取海外出生孩子公民权的母亲们。该组目前已有140位母亲隶属于该网络。可惜，过去多年我们提供服务与指导给众多与内政部交涉的妈妈们，他们并不在这个小组里。许多大马籍妈妈在海外等候着孩子的公民权申请获得批准。自2015年以来，我们成功帮助了3宗案例：两宗是涉及无国籍孩童，近来还有另一宗。同时我们处理当中的几百宗案例还在等候着结果。
3. 在为孩子们争取公民权的工作中，母亲们面临了哪些困境？疫情是否也影响了这些工作？
挑战
大马人的非公民孩童基本权利可及性
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没有公共教育和医疗的平等可及管道给非公民孩子，这将会给大马籍妈妈在日常生活中面对难题
● 面对更高医疗成本挑战的特别是那些残障和需要长期医疗护理的孩童们，这些孩童们因为外国人的身份不能利用政府设施。当这些孩子长大成为成年人就更无任何其他解决方案。
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要获取权利进入国民学校取决于校长。每年这些妈妈们都得寻求更新签证、购买保险、再重新把孩子送入学校，有时这可能会导致孩子们延迟开课加入该学年。
大马籍妇女面对的挑战
● 妇女有养育孩子的责任负担，但如果她们嫁给外籍丈夫，需要长期在国外生活，而又想赋予孩子大马国籍，那么她们必须确保能及时回国诞生小孩，当中可能会有风险。
●
很多大马妇女因离婚，决定带着外籍孩子回国。结果他们需要勤跑为孩子们获取签证。当中有不少妈妈遇到难题，同时他们也需要在孩子上学之前获取健康保险。这个周期重复运转，可能直到孩子们长大到21岁，届时他们已无缘获得公民权了。
永久居民为一个替代选择给21岁以上的孩子
● 永久居民资格不会直接提供给这些孩子们，而他们被告知他们可以申请如果先取消公民权申请。这些规定并没有黑子白纸的说明，只是口头上由移民局官员告知。
●
如果他们已经是21岁了，他们入境时会被视为一般的旅客而不能再视为是大马人的孩子。这主要的原因是性别的差别——大马籍妇女受害，大马籍男士就不同！大马籍男士们可以赋予他们海外出生的孩子们公民权，甚至可以2天内解决 -- 更讽刺的是他的外籍配偶在国内甚至可以为孩子们获取公民权，大马籍妇女不行。大马籍妇女的孩子们被视为国家安全威胁，而不是大马籍男士的孩子们！
新冠肺炎疫情对申请过程的冲击
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很多在海外的大马籍孕妇不能回国分娩，导致许多大马籍妇女的孩子们申请公民权。
●
有些还被指示要回国申请孩子们的公民权，特别是那些在孩子1岁后才来申请公民权的大马籍妇女。这是一个相当大的挑战，因为当中有不少人无法因此回国。
○
有时这也让那些没有办法取得父亲国籍公民权的孩子们陷入无国籍风险，意味着该身在外国的孩子可能变成无国籍。
●
登记报生在疫情之下，变得非常有挑战，尤其是在疫情当下要获取公民登记服务。另外，要持之有恒跟进内安部的最新进展，这也对大马籍妈妈挑战也大。
●
内政部也没有提供正处理着的公民权申请积压数目更新数据。
新冠肺炎疫情对那些受影响人士的冲击
●
海外生活的大马籍孕妇必须冒着风险回国分娩，而很多孕妇则必须作出艰难的决定在外国诞生婴孩，但增添了为孩子获取大马公民权的风险。这对他们不公平，他们不应该被迫要在自己和婴孩的健康风险以及赋予孩子的公民权之间作出抉择。
●
我们有收到不少案例大马籍妇女在海外必需哑忍已破裂的婚姻，只是因为他们的孩子们合法地位全靠着外籍生父。
●
许多单亲妈妈在海外不能回国，因为他们的孩子们将只被给予短期的签证，如此一来一旦短期签证到期就处于相当脆弱的位置。在全球疫情席卷下，即使他们被要求为了签证短暂离国，但他们还能去哪里？
●
还有一些在国内的案例，一些非公民的孩子们被要求离国以便办新签证。过去我们已有类似的案例，比如说那些妈妈们拥有2-3位大马籍的孩子还有一位非公民孩子，妈妈被要求与那位非公民孩子一起离国，再回来办签证。但是疫情当下，这个要求更荒谬了，跨国行动已有染病风险，隔离费用又昂贵，再况且能不能回国仍是一个未知数，因为他们（非公民小孩）还得获得批准入境。
●
在国内的单亲妈妈们与他们的非公民孩子们也面对更新或申请孩子居留签证的难题。因为经常那位非公民父亲必须在场，不管该案是否有离婚记录或破裂或暴力婚姻。
4. Family Frontiers入禀法庭起诉政府，请问案件是关于什么呢？为什么会选择在这个时候入禀诉讼？案件如今进展如何？
马来西亚是25个国家的其中一个否决本国籍妇女有权赋予孩子们公民权，而不同于本国籍男士；2013至2018年之间，国民登记局接获4112公民权申请书（根据国家宪法第15.2条文），在国会问答我们被告知只有142申请被批准了。这不包括那些已在更早前申请过然后被拒绝的，还有那些已放弃申请过程的人。
非常稀少的大马籍妈妈得到正面的申请结果，绝大部分的情况是他们处于等待状态多年，然后被拒绝。这也让单亲妈妈们非常难过，难以应付养育非公民孩子们的情况。很多类似的孩子们最终到了21岁，已没有公民权申请的选择，那么我们家庭前线还有什么选择能帮忙呢？
2020年12月18日，家庭前线与六位受影响的大马籍妇女对大马公民权法律歧视大马籍妇女提出了宪法挑战。这个诉讼寻求一个针对联邦宪法第14条的声明，即“不能保证大马籍妇女拥有同等权利赋予海外出生的孩子们公民权，如大马籍男士”，必须要同时协和参阅联邦宪法第八条文保障不分性别的基本自由和非歧视行为。
English
version:
1. When and how did Family Frontiers
establish? Can you please briefly introduce Family Frontiers to us?
The Association of Family Support & Welfare Selangor & KL (Family Frontiers) is a registered entity established with the aim of advancing, promoting and strengthening the family unit so that no family is left behind. It acts as an umbrella body for the Foreign Spouses Support Group (FSSG), that supports and advocates for the rights of foreign spouses married to Malaysian citizens and mobilizes action for the Malaysian Campaign for Equal Citizenship.
Foreign Spouses Support Group (FSSG) was formed in 2009 by two non-citizen mothers (married to Malaysians) in Malaysia who experienced insurmountable difficulties in raising their Malaysian children within the country. They formed FSSG so that other non-citizen spouses faced with similar challenges have support, with the aims to advance, promote and protect the rights of non-citizen spouses married to Malaysians and their children by influencing policy and providing services through community and network building.
Since 2015, FSSG has expanded its advocacy to include not only foreign spouses but also Malaysians who face the inability to their citizenship rights. Family Frontiers now also leads the Malaysian Campaign for Equal Citizenship to achieve law and policy reforms such that Malaysians have equal rights to confer citizenship on their children and spouses, through gender equal laws, policies and practices.
In
July 2020, individuals directly or indirectly impacted by these above issues
came together to form the Association of Family Support and Welfare (Family
Frontiers) registered under the Registrar of Societies Malaysia. Family
Frontiers’ vision is to realise gender equality and non-discrimination so that
the full enjoyment of human rights for binational families of Malaysians in
their families, community and society is guaranteed. It aims to advance,
promote and strengthen family unity and development so that no family is left
behind.
2. Under your organization, how many mothers are affected by this citizenship law? How long have they been fighting for their children's citizenship? Are there any successful cases?
Family
Frontiers curates and manages a peer support network of mothers seeking
citizenship for their overseas-born children. The group currently has 140
mothers who are part of this network.
However over the years we have provided services and guidance to many
mothers who had pending applications with KDN, but are not in this current
group. Many of the Malaysian mothers are overseas and waiting for the
citizenship application to be approved.
Since 2015 we have had only 3 positive cases, 2 were for stateless
children and 1 other case recently, while hundreds continue to wait for an
outcome.
3. What are the challenges in
fighting for these children's citizenships? Does this pandemic affect the
progress?
CHALLENGES
Access
to fundamental rights among non-citizen children of Malaysians
●
Without equal access to public
education and healthcare for their non-citizen children, it becomes difficult
for Malaysian mothers to navigate through day-to-day routines.
● Higher cost of healthcare is particularly challenging for children with disabilities and those who require long-term medical care. Some children need long term medical treatment but due to their status as foreigners cannot avail of government facilities. Soon the children will become adults without any possible solution in sight.
●
Access to national schools depend on
the head-master and every year these mothers have to run about to seek visas,
insurance and readmit their children each year in National schools and this
could result in them joining the academic year late.
Challenges faced by Malaysian women
● Women have the burden of child-bearing and have to travel endangering their lives to return to Malaysia to have a child.
●
When marriages fail, many Malaysian
women may choose to return home expecting Malaysia to be a safe home for them,
however they are made to do visa runs, with their infants instead. These
mothers have difficulty obtaining visas for their children, additionally they
need to obtain health insurance before seeking schools for their children. The cycle goes on, for some until the age of
21 and then there is no more access to citizenship.
Permanent
Residence as an alternative and children above the age of 21
● Permanent Residence is not offered to these children and they are told they can apply only if their citizenship application is cancelled, these rules are not in black and white but informed by officers at immigration.
●
Once they are 21 years old, they will
have to enter the country like any other tourist, and not as a child of a
Malaysian. All because these are Malaysian women and not Malaysian men! Malaysian men can secure citizenship for
their children sometimes within 2 days – the irony is that his foreign wife can
obtain Malaysian citizenship for her child, but not a Malaysian woman. Children
of Malaysian women are considered a National Security Threat but not children
of Malaysian men!
IMPACT
OF COVID-19 ON THE PROGRESS
●
Many pregnant Malaysian women overseas
could not return to Malaysia to deliver their children, resulting in the
increase of number of children of Malaysian women seeking citizenship
●
Some are often directed to return to Malaysia to apply for
their children’s citizenship, especially those that apply for citizenship after
the child turns one year old. This makes it challenging for those
that are unable to return to Malaysia to do so.
○
This also places children without
access to the father’s citizenship at risk of statelessness and can mean that
the child remains undocumented in a foreign country.
●
With difficulty accessing civil
registration services during the pandemic, birth registration becomes
challenging. Following up with one’s citizenship application with the Ministry
of Home Affairs is also challenging for mothers.
●
There has also hasn’t been an update
on the backlog of citizenship applications that the Ministry of Home Affairs is
currently processing.
IMPACT
OF COVID-19 ON THOSE AFFECTED
●
Pregnant Malaysian women overseas have
had to risk their lives to try and return to Malaysia to deliver their
children, many of whom had to make the difficult decision of delivering their
baby in the foreign country, while risking the chances of their children
securing Malaysian citizenship. It is unjust that they should be placed in a
position to choose between risking their health and their baby’s health and
risking the chances of them passing on their citizenship.
●
We have had cases of Malaysian women overseas
who are forced to remain in toxic marriages, because their children’s legal
security depends on the foreign father.
●
Many single mothers overseas also
could not repatriate because their children would be given short-term visas,
leaving them in a highly vulnerable position once that short-term visa expires.
Where do they go with their children in the middle of a pandemic if they are
asked to leave for a visa run?
●
Then there are the cases of those that
are already in Malaysia and whose non-citizen children are being asked to leave
for what is called a visa run. We have had such cases in general times, where
mothers who have 2-3 other Malaysian children and one non-citizen child would
be asked to leave the country with the non-citizen child and return to enable
the application of a visa. This is absurd, especially during a pandemic when
travelling is such a risk, quarantine charges are expensive, and there is even
an uncertainty on whether they would obtain an approval to enter the country.
●
Single Malaysian mothers who are
already in Malaysia with their non-citizen children will also face difficulties
in renewing or applying for their child’s visa because most often, the
non-citizen father is required to be present. Even if there is a divorce in
place, or if it is an abusive marriage.
4. Family Frontiers filed a suit
against the federal government, what is it about? Why do you choose to file the
suit now? What is the latest progress?
Malaysia is one of 25 countries that denies women the right
to confer nationality on their children on an equal basis with men;
Between the years of 2013 to 2018 to a question responded in Parliament, JPN received 4112 citizenship applications unter Article 15.2, however we are told only 142 applications were approved. This does not include those who have applied earlier and got rejections and gave up on the application process.
Very few of the Malaysian Mothers have received positive outcomes to their applications, for most of the time they remain pending for years and then get rejected. Its also very difficult for single mothers to cope with the situation of having non-citizen children. Many of the children have attained the age of 21 and have no more options to file for citizenship, what other option was left for Family Frontiers?
On
18 December 2020, Family Frontiers along with six affected Malaysian mothers
filed a constitutional challenge against Malaysian citizenship laws that
discriminate against Malaysian women. The lawsuit seeks a declaration that
Article 14 of the Federal Constitution—that does not guarantee Malaysian women
equal rights to confer citizenship on their overseas-born children by
‘operation of law’ on an equal basis as Malaysian men—is to be read
harmoniously with Article 8 of the Federal Constitution that guarantees
fundamental liberties and non-discrimination on the basis of gender.
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