Berita NECF Newletters

Aliens in their Own Home

Aliens in their Own Home

They are like ghosts who have been roaming the land for a long time. Born and bred on Malaysian soil, they have been called "invisible Malaysians" and "stateless folks", simply because they do not have identity cards (ICs). And the fault lies not in themselves, but in the incompetence and apathy of the National Registration Department (NRD) whose bureaucratic system has allowed its officials to ride roughshod over the human rights of these people.

Since a person's identity hinges upon his national identity, it is entirely inhumane to deny a person his citizenship merely on technical grounds - e.g. lack of documented evidence, inability to trace the father, administrative errors, etc. Without recognition as a person before the law, one is virtually shorn of his human dignity, basic rights and life prospect in his own country.

Many stateless people are therefore denied access to education, healthcare, employment and housing. Critics have maintained, and rightly so, that their situation is worse than that of the immigrants. Immigrants, at least, are recognised for their nationality of origin and their rights as lawful immigrants, whereas these wretched stateless Malaysians are practically deprived of their rights, privileges and duties as lawful citizens.

 

Cases of incompetence

The NRD's inefficiency is apparent in several cases highlighted by the press. Stateless Rani's seven years of efforts in securing documents to prove her place of birth went down the drain in just five minutes at the NRD when it made some errors in the forms that were issued to her. She had to start from the beginning in her application. (NST, 27/8/07).

In September, 33 year-old Ragu, an odd-job worker, sought the help of Perak's Sultan Azlan Shah after several failed attempts to obtain an IC. Despite years of trying, the NRD was not satisfied with his birth certificate and sworn affidavit. The Sultan later ordered the department to issue Ragu a temporary identification document pending his MyKad application (NST, 27/9/08). Ragu has no knowledge of his parents or relatives as he had been taken care of by the Welfare Department since he was four.

Another case of the NRD's gross incompetence is that of Yong Lee Hua, a 78-year-old Sino-Kadazan in Penampang, Sabah, who lost her original IC in May 2007. She was 'demoted' to permanent resident (PR) status when the department issued her a red IC instead and told her to re-apply for citizenship (Malaysian citizens hold blue IC). Because of that, her bank account was frozen. Yong holds a native certificate issued in 1963 and has a valid Malaysian passport and driver's licence (The Star, 27/9/08).

Her case sparked an outcry in Sabah and the NRD was fiercely rebuked for infringing the rights of Sabahan natives. Some believed that its action was a breach of the Malaysia Agreement, while others were (and still are) worried that there might be many more unreported cases of Sabahans who have lost their citizenship without the due process of law (Daily Express, 3/10/08). There have been calls to completely overhaul the Sabah NRD (NST, 6/10/08) and appoint a Sabahan to head the state's NRD. Yong finally got back her Malaysian citizenship after the public's outcry.

Alice, born in Singapore in 1956, returned to Sabah when she was three years old. Her Malaysian parents have failed to obtain citizenship after several appeals.

Similarly, Stephen, born in Brunei in 1956, returned to Sabah in 1958. Both now hold PR status. Stephen has been applying for citizenship since 1975 and was recently told that his application is now with the police and the process could take a year.

 

Public's suspicions

Questioned why the process is so painfully long, the normal response by the authorities is that they must "safeguard against foreigners who might use the chance to register for citizenship" (The Star, 21/1/08).

Commenting on the rejected cases, Home Minister Datuk Seri Syed Hamid Albar said the NRD was not empowered to investigate the claims of the stateless people and those affected would have to contact the ministry directly (NST, 22/10/08).

These responses have stirred resentment among the public who have been lamenting the ease with which immigrants obtain citizenship compared with the stateless Malaysians.

The NRD has been accused time and again for issuing MyKad to illegal immigrants through dubious means, resulting in the grave migrant problems in Sabah. Recently, the Sepanggar MP had a rude shock when he found that his identity was shared by an unrelated Filipino illegal immigrant (NST, 4/10/08).

The Sarawak state government is reportedly setting up a taskforce to look into the problem of rural folks who do not have identity cards or birth certificates (The Star, 21/10/08).

The NRD will join force with the Immigration Department to unravel "the bureaucratic knots thousands of undocumented Malaysians find themselves tied up in" (NST, 22/10/08). The NST also reported there was an estimated 30,000 stateless individuals in the Indian community. This figure stands in sharp contrast with the paper's earlier report that some 40,000 Indian children did not have birth certification in the state of Selangor alone (NST, 21/1/08).

The government's decision to sort out the problem, though long delayed, is not too late. We pray for the authorities to diligently carry out their duties with honesty, impartiality and efficiency; and for the stateless Malaysians to soon enjoy their rights, privileges and duties as citizens.

The Church has done much to reach out to the migrants in our land. Likewise, she ought to reach out to the unfortunate stateless Malaysians, particularly the children, with genuine love. We covet your unceasing prayers for righteousness to prevail in the NRD, and for the Malaysian Church to extend its hand of compassion to the 'alien Malaysians'.

 



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