Jamil's statement on unilateral conversion surprises many

PETALING JAYA: The statement by Minister in Prime Minister's Department Datuk Jamil Khir Baharom (pix) that unilateral conversions will not be banned has caught many by surprise.
MCA Religious Harmony bureau chief Datuk Seri Ti Lian Ker said he was shocked by the parliamentary written reply by Jamil Khir that "legislation that bans unilateral conversion contradicts Article 12 (4), and allowed the father or mother to decide the child's faith".
He said the party's position is that Article 12 (4) – on determining the child's religion – should be read as "ibubapa" and not "ibu atau bapa".
He went on to say that Section 2(95) of Article 160(1) of the Eleventh Schedule of the Federal Constitution also reads that "words in the singular include the plural, and words in the plural include the singular.
He pointed out that in cases of a dispute, then the child's faith must remain as status quo or as that of the common religion of the parents during his/her birth as announced by the then de facto Law Minister Datuk' Seri Nazri Aziz in April 2009.
"The Federal Constitution dated June 1, 1970 printed by the Government Printers and translated by the Attorney General's Chambers clearly enshrines that the child's religion will be decided by the "ibu-bapa" which indicates plural (ie parents)," he said.
He questioned how over the years, in a matter that is so crucial, "ibu-bapa" in plural form was mysteriously and clandestinely reprinted, reinterpreted to be "ibu atau bapa" or singular without any lawmakers' and the Senate's notice.
Meanwhile, Bar Council Human Rights Committee co-chairman Andrew Khoo said the Federal Court's decision to grant M. Indira Gandhi three leave questions on the validity of her children's unilateral conversion last Thursday proved that the issue was far from over.
He said Jamil Khir was only enunciating his view that religious right should be the law of the land, but stressed that it was not in the right constitutional position.
"Do Jamil Khir's cabinet colleagues share his legal analysis?" he said when contacted by theSun today.
Human Rights Commission of Malaysia's (Suhakam) spokesman said it was of extreme importance that both parents be given equal rights in the issue of unilateral conversions, while also taking into account the child's interest.
"The Commission further emphasises the importance of respecting the equal and joint rights of both parents where a child is involved.
"Where custody of children and other related issues are concerned (including unilateral conversion), the Commission hopes that these will first be resolved in an amicable and responsible manner, taking into consideration the best interests of the child in line with Malaysia's obligations under the Convention on the Rights of the Child," she said.