The Stateless Malaysians

The stateless Malaysians

The old echoes linger. Among them is the cry of the so-called stateless folks, born and bred on Malaysian soil. Some call them ‘invisible Malaysians’. The long course of apathy and incompetence on the NRD’s part has led to a string of criticism from many quarters. The department’s much bureaucracy has allowed its officials to continue 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 from citizenship merely on technical grounds – e.g. lack of documented evidence, father could not be traced, 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. As a result, many stateless people are denied access to education, healthcare, employment and housing. Their situation may be worse off than that of the immigrants, according to some critics. The latter are at least recognized for their nationality of origin and their rights as lawful immigrants, whereas the unfortunate stateless Malaysians are practically deprived of their rights, privileges and duties as lawful citizens.

The NRD’s inefficiency seems apparent in several cases brought about 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. The department made some errors in the forms that were issued to her. She had to start from square one for re-submission (NST, 27/8/07). In September, 33 year-old Ragu, an odd-job worker, resorted to seeking help from Perak’s Sultan Azlan Shah after several failed attempts to obtain an identity card. Despite years of trying, the NRD was not satisfied with his birth certificate and sworn affidavit. The Sultan later ordered the NRD to immediately issue Ragu a temporary identification document pending his MyKad application (NST, 27/9/08). Ragu has no knowledge of his parents or relatives; he was taken care of by the Welfare Department since 4 years old.

The highlight appears to be the plight of Yong Lee Hua, a 78 year-old Sino-Kadazan in Penampang who lost her original identity card (IC) in May 2007. She was then issued a Red IC and was told to re-apply for citizenship. Her bank account had since been frozen. Yong holds a native certificate issued in 1963 and has a valid Malaysian passport and driver’s license (star, 27/9/08). The case sparked an outcry in Sabah. The NRD was fiercely rebuked for infringing the rights of Sabahan natives. Some believed that its action was a breach of the Malaysia Agreement. Others were (and still are) worried that there might be unreported cases of Sabahans losing their citizenship without due process of law (Daily Express, 3/10/08). There have been calls to completely overhaul Sabah NRD (NST, 6/10/08) and appoint a Sabahan director. Yong finally got back her Malaysia citizenship (star, 10/10/08).

Alice, born in Singapore in 1956, returned to Sabah when she was 3 years old. Her Malaysian parents failed to obtain citizenship for her notwithstanding 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 was now with the police and the process could take a year. The normal pretext for such painfully long process is that the authorities must be careful to “safeguard against foreigners who might use the chance to register for citizenship” (Star, 21/1/08). Concerning cases that were rejected, Home Minister Datuk Seri Syed Hamid Albar explained that 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).

Regardless, many continue to bemoan how easily it is for immigrants to obtain citizenship as compared to the stateless Malaysians. The NRD, amidst the limelight of controversies, has been condemned for issuing MyKad to illegal immigrants through dubious means, resulting in migrant problems in Sabah. Recently, the Sepanggar MP 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 (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). NST reports that there is an estimate of 30,000 stateless individuals in the Indian community alone. Early this year however, it was reported that about 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. While the Church has shown compassion to the migrants, she will likewise reach out to the unfortunate stateless Malaysians, particularly the children, with genuine love. “The exercise of justice is joy for the righteous” (Prov 21:15a).