Legal fraternity want CheckList and related Proposals for stakeholders being on the same page on stateless in Sabah, speaking with one voice, on the Way Forward!
KOTA KINABALU: The legal fraternity in Sabah may be newly-discovered narrative on work in progress, as subject matter experts, on proof of identity in law issues in Malaysia viz. the plight of the stateless in Sabah.
One lawyer, who remains anonymous on request, was inspired in more ways than one by her late mother.
The lawyer recalls that the old lady breathed her last, after terminal illness, denied the blue MyKad (Malaysia Kad Akuan Diri) even on deathbed.
The mother had only permanent residence as red MyKad holder in the form of MyPR. In any case, let’s not go there too much, on the Family. These are quiet people who believe in neutralising Karma, the law on cause and effect, discovered in ancient times.
In Islam, there’s sunnatullah — God’s law on cause and effect — and Kifarah (karmic retribution) and InsyaAllah (God Willing).
The lawyers were commenting on Home Minister Saifuddin Nasution Ismail’s statement in the media on Thurs 16 April on late birth registration.
Stateless In Sabah And Syed Hamid
The lawyers recall, philosophy aside, that Home Minister Tan Sri Syed Hamid Albar said in Kota Kinabalu, before GE14 on 9 May 2018, that “the government can promise proof of identity in law for everyone in Malaysia, but not necessarily Malaysian”.
He lamented that many people in Malaysia, given green MyKad or temporary residence, were not renewing them.
Syed flew into Kota Kinabalu when he learnt from media reports that a lady who had lost blue MyKad refused the red MyKad or MyPR which the National Registration Dept (NRD) had offered as replacement. The NRD discovered that the Orang Asal lady’s father in fact came from China. There was no proof of Malaysian citizenship.
The Home Minister, falling back on prerogative and discretionary powers based on good faith and statute, in the form of the National Registration Act 1959/1963, handed over blue MyKad as the cameras clicked away for posterity and the rule of law.
Yong Lee Hua @ Piang Lin, 78, claimed that the Sabah NRD informed her in all seriousness that senior citizens who lose their MyKad are given MyPR card instead. Yong, as advised by NRD, did apply for citizenship.
Areas of Concern
The lawyers discovered, in taking the cue from Sabah, that there were 13 areas of particular concern which needs addressing, through administration at the National Registration Dept (NRD).
Briefly, the areas:
Category 1 – Mother with hospitalisation record but no birth certificate for child (mother is IMM13 holder, no marriage certificate).
Category 2 – Children born at home, but no police report made.
Category 3 – Minors with birth certificate but no MyKad/MyKid.
Category 4 – Adults (>18 years) with birth certificate but no MyKad or MyKAS.
Category 5 – Those with IMM13 but no MyKAS.
Category 6 – Citizens who have children with women with no proof of identity in law (DNA issue).
Category 7 – Muslim couples who have children without marriage certificate.
Category 8 – Bajau Laut children born in Sabah waters, no birth certificate.
Category 9 – Orang Asal (original people) and other Natives (non-Orang Asal) in the interior having no birth certificate.
Article 13 (property rights), Article 5 (right for life) and Article 8 (no discrimination) in the Federal Constitution refer on NCR land.
Category 10 – Children with no birth certificate and not in school.
Category 11 – Religion field in the MyKad.
There’s no need for judicial review on leaving space for religion blank in the MyKad.
Category 12 – Language field in the MyKad.
DNA does not know language or how we look like. In science, how we look like depends on immune system reaction in the habitat based on environmental factors.
Category 13 – Nationality / citizenship status in the MyKad.
The MyKad should not list Malaysian also under other nationalities. This remains aberration in law.
There’s no geographical origin in the Federal Constitution.
The Constitution does not define “Chinese” or “Indian” as Malaysian nationalities.
The pathway on resolving the 13 areas, leading from the NRD, was based purely on exhausting avenues which include the Home Minister, the Cabinet, and the Conference of Rulers. The Sabah and Sarawak governments may be in the picture as well.
In short, there would be no need for intervention by the police, Immigration Dept, and lawmakers.
The lawyers feel that JPN should have detailed CheckList for the 13 areas.
Five Proposals
The lawyers also feel that five proposals for strengthening NRD’s administrative approach in Sabah would makevfor its greater empowerment.
Again, the 13-Point CheckList refers.
Proposal 1 – Internal Circular on Alternative Documents, Citing recent case law on Kamaladevi.
Proposal 2 – 60‑Day Service Standard for MyKAS Issuance with Monthly Transparency.
Proposal 3 – Published 12‑Month MEKAR Schedule with SMS Alerts.
Proposal 4 – Transparency on Article 15A and End to “Maklumat Tidak Diperolehi” Notation.
Proposal 5 – Accept Statutory Declarations of Paternity as Alternative to DNA Testing.
Stateless in Sabah: Gold Collectors
It’s open secret that Malaysia was permeated by the stateless in Sabah. They remain highly vulnerable group of household gold collectors, forced by circumstances, on saving money which won’t be missed. It’s about having something set aside for the proverbial rainy day.
“All the dealings of the stateless people, being denied bank account for having no proof of identity in law, are in cash,” said the lawyers. “There are many issues as well with migrant workers. There should be JPN details on Checklist for migrant workers as well.”
The lawyers feel that there are remedies at hand on proof of identity in law issues, based purely on the rule of law as the basis of the Constitution, for the highly vulnerable people including worldwide as well. – NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.
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