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Tuesday, June 19, 2012

Sabah RCI just a red herring



It is the circumvention of the Federal Constitution article on citizenship that is the main issue.
The on-going probe into a bogus MyKad scam at the Tawau National Registration Department (NRD) has been touted as a timely curtain-raiser to the proposed Royal Commission of Inquiry (RCI) into the illegal immigrant phenomenon in Sabah.
It has been hailed as proof enough that the federal government means business on national security.
In fact, it’s nothing of that sort.
The RCI is not about bogus MyKads flooding the state, or the “rampant” issuance of citizenship which has emerged as another red herring, but rather the alleged circumvention of the Federal Constitution article on citizenship by operation of law.
The federal government cannot be “faulted” for issuing citizenship – naturalisation – through the normal process to foreigners in Sabah. However, it can be faulted if it wants such people to be treated as Sabahans.
The correct procedure would be for Putrajaya to issue citizenship to permanent residents in Sabah only upon recommendation by the Sabah state government.
The federal government cannot take the initiative on this unless it wants to treat such foreigners as Peninsular Malaysians in which case those affected would not have Sabah permanent residence status. They will then be subject to the normal visa and work permit regulations to safeguard local jobs.
The federal government cannot issue Special Passes, temporary residence permits (green cards), permanent residence status (red cards) or citizenship to foreigners in Sabah without the prior written recommendation and consent of the state government, which must be the initiating party, on a case-by-case basis.
Twice-born people
There’s no evidence that the federal government indeed received any such prior recommendation and consent of the state government. In any case, the politics will not allow it.
If the federal government receives applications directly from foreigners in Sabah for Special Passes, green and red cards or citizenship, it’s duty-bound to advise the applicants to go through the state government and not go off at a tangent and act unilaterally.
In Sabah, much of the rot allegedly stems from the fact that many people are “twice-born”, once in their home countries and the second time in Sabah.
Their “second birth” is recorded in a late registration birth certificate by way of a Statutory Declaration (SD) wherein the applicant falsely and fraudulently claims to have been born in Sabah.
By this seeming laxity on the part of the NRD and the court, the imposters avoid having to apply for citizenship. How can the NRD accept the contents of a SD as the Gospel truth when it’s nothing but wholesale perjury, that is, lying under oath?
A simple NRD checklist can easily weed out the fraudsters: ancestral kampung? The name of the kampung head and names of those in the Village Security and Development Committee? Names of family members and close relatives? Photographic evidence? Schools attended?
This was not done.
This is an open secret in Sabah and as evident in cases which have been heard or more accurately part-heard in court.
General amnesty
It’s a mystery how the “twice-born” could have obtained their MyKads without being sponsored by their parents. All applicants for MyKads meant for Malaysians would have to produce their parents’ MyKads and birth certificates.
To cut a long story short, and before the RCI begins, the government should offer a general amnesty to all those who illegally and fraudulently obtained Malaysian personal documents in Sabah.
The errant parties should be willing to come forward and remove their names as well from the electoral rolls and surrender their documents in return for Special Passes – valid for six months at a time and renewable indefinitely for a maximum of 18 months during which time they must return to their home countries and may re-enter, if they wish, but legally after a blacklisting period of five years.
If they entered Sabah by the backdoor, they must be encouraged to return the same way to avoid the risk of complications like statelessness. Those who entered legally and overstayed should also return home by the backdoor.
Those who cannot return for any reason should be on Special Passes for life, their children should only be entitled to temporary residence permits for life, their grandchildren should only be entitled to permanent residence for life, and only their great grandchildren should be eligible to apply for naturalisation but in Peninsular Malaysia.
The general amnesty should also be extended to those who issued such documents and voluntarily come forward.
Those who issued such documents should voluntarily surrender their citizenship status in return for permanent residence status for life.
Their “crime” should affect the status of their children and grandchildren as the case may be.
Probe political interference
A fine of at least RM500 should be imposed on foreigners and RM5,000 on Malaysians involved in the fraudulent issuance of Malaysian personal documents and the monies collected should go to the Sabah state government.
The precedent for the general amnesty, partly, was a similar offer in Peninsular Malaysia in 1965. A fine of RM300 each was imposed.
If one obtains a Malaysian personal document to which one is not eligible or not entitled to obtain under the law and the Federal Constitution, the said document would be a nullity in law from the very beginning. In law, it’s as if the said document was never issued.
No passage of time, even over generations, will whitewash an illegality and make it legal.
The onus is on the perpetrator to come forward and face the system without waiting for the long arm of the law to catch up with him or her sooner or later. Perpetrators should not hope for the declaration of a general amnesty which may or may not materialise.
The long arm of the law can catch up with any perpetrator by way of a judicial review by any citizen to revoke the “citizenship” of anyone not entitled to hold it or not eligible to obtain such a document. In such a situation, the perpetrator is faced with all sorts of eventualities including being blackmailed for life by any applicant seeking a judicial review or ending up in a legal twilight zone as a stateless person.
The main focus of the RCI should be on late registration birth certificates obtained by Statutory Declaration, the “Malay” category in the Sabah statistics on demography and the number of people which the Philippine, Indonesian and other governments refused to take back on grounds of statelessness.
The RCI should also probe the number of stateless people and temporary residents in Sabah, the NRD, Immigration Department, police, court and Election Commission procedures to deal with illegals and foreigners.
The RCI should also probe the extent of political interference in dealing with the illegal immigrant phenomenon in Sabah.

34 comments:

  1. RCI perlu ditubuhkan untuk siasat aktiviti projek ic dan PATI

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    Replies
    1. Harap-harap akan ditubuhkan walaupun dikatakan tidak effective.

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    2. The preparation of TOR is currently at the final stage. This could be an indication that RCI will be implemented soon.

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    3. RCI is really an important tool to curb the problem.

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    4. Kebanjiran PTI di Sabah memang satu malapetaka yang besar menimpa.Apa saja yang berlaku kelak, RCI juga yang akan menyelamatkan keadaan.

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    5. Keberkesanan RCI tidak akan diketahui selagi belum dilaksanakan. kita lihat hasilnya bila kerajaan sudah melaksanakannya.

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  2. i will support RCI if the Govt. goes for it, we should give everyone a chance.

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    1. The government ought to implement whatever possible solution to this ongoing illegal immigrants issue. If not RCI, then other alternatives should be consider.

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    2. RCI memang satu kaedah yang berkesan untuk menangani masalah yang ada.

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  3. However, i dnt think it is misleading the issues.

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  4. harap TOR sudah sedia dikemukakan

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  5. sememangnya, isu PTI wujud dan perkara ini tidak boleh disangkalkan lagi, meminta agar kerajaan mengambil berat akan masalah ini yang semakin ketara di Sabah

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  6. apa yang nyata, RCI adalah permintaan dari rakyat Sabah

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  7. perkara ini bukan sahaja berkaitan dengan isu politik tetapi ianya soal sosial, perlembagaan, kebudayaan, keselamatan dan isu-isu demografi yang perlu diselesaikan secara positif tetapi tegas sebelum PRU akan datang.

    ReplyDelete
    Replies
    1. Sebab itulah penyediaan ToR memakan masa. banyak perkara yang perlu dipertimbangkan dan sekarang ToR dalam masa untuk diperhalusi.

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  8. sememangnya, isu PTI wujud dan perkara ini tidak boleh disangkalkan lagi

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  9. Saya balik-balik sudah dengar mengenai isu RCI ini. Maka kita mahu kerajaan Pusat serius untuk melaksanakannya.

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  10. RCI untuk Sabah pasti akan dilaksanakan tidak lama lagi setelah TOR dapat dilengkapkan sebaiknya.

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  11. RCI not yet started its investigation but so many negative comments by the oppositions. Don't think they can solve the PATI problems totally.

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  12. cara terbaik untuk selesaikan masalah projek IC atau IC palsu ialah dengan menaiktaraf MyKad sedia ada supaya tidak mudah ditiru dan lebih tahan lama.. dan pada waktu itu wajibkan semua rakyat Malaysia menukar kad pengenalan masing2 dengan membawa bersama dokumen2 pengenalan diri atau bukti2 yang menunjukkan mereka penduduk asal negara ini.. dengan cara ini, barulah mudah untuk pihak JPN mengesan mana2 pemilik IC palsu atau projek IC tanpa perlu melakukan serbuan atau operasi..

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  13. Barisan Nasional (BN) Sabah are compiling its respective parties’ proposed Terms of Reference (TOR) on the formation of the Royal Commission of Inquiry (RCI) on illegal immigrants in Sabah, according to Tan Sri Joseph Pairin Kitingan.

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  14. The Deputy Chief Minister, who heads the BN Sabah sub-committee on citizenship, asaid that the TOR will be submitted to BN chairman Datuk Seri Najib Tun Razak.

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  15. Barisan Nasional (BN) Sabah are compiling its respective parties’ proposed Terms of Reference (TOR) on the formation of the Royal Commission of Inquiry (RCI) on illegal immigrants in Sabah, according to Tan Sri Joseph Pairin Kitingan.

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  16. The proposed TOR from various BN component parties and the working committee will consolidate the proposal has been compiled and submit a united draft to the Prime Minister and BN top leadership.

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  17. The deputy chief minister has expressed his gratitiude to all the Sabah BN component parties for participating in the discussion which has truly focused on the interest of the rakyat and the protection of their citizenship as well as in urging the authorities to enforce the laws of the country.

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  18. Pairins aid they expect the formation of the RCI to be done soon after the TOR is finalized by the federal government.

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  19. When asked what would the TOR contain, he said that there are a lot of suggestions from the BN Sabah component parties.

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  20. What has been outlined is the objective of the RCI which is to resolve the issues pertaining to the illegal immigrants and resolve issues which have been adversely created by their presence so that in the eyes of the citizens it can be seen that their rights are protected and the laws of this country are enforced properly.

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  21. It also shows that the laws of this country are adhered to and respected by people who want to come to work or enter our country because it takes into account the interest of the citizens, about the sovereignty of the country being protected, about the laws being enforced properly and seriously, about rectification of procedure which can prevent the illegal issuance of documents, because in there have been instances that ICs could be issued illegally but birth certificates and also for that matter passport.

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  22. All this matter has been taken into account and obviously the RCI has to cover and it must be formed with immediate effect. It is with anticipation that the results results will bear fruit for the short term within 6 months and for the longer term within two years.

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  23. Pairin also pointed out that there are no two ways about the united stand by BN component political parties in Sabah on the formation of the RCI.

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  24. Among the contributing factors of the delayed announcement is because the TOR coming from so many different sources, have yet to be fully submitted for the consideration of the top leadership.

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  25. With the variations of many expressions of views, opinions have been put through the newspapers on the proposed TOR for the RCI; that they come not only from BN but also from the opposition and NGOs.

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  26. Obviously this indicated the interest and the focus being given by the public throughout the country particularly from Sabah, Pairin said, adding that the negative implications created by the presence of illegal immigrants in the state have sufficiently been debated in many forums in the past.

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