The latest resolve by the home ministry to stop late birth registrations at the respective state National Registration Department (JPN) offices with immediate effect has been met with a mixture of support and criticism.
Although I laud the home ministry’s efforts in attempting to eradicate the issuance of false birth certificates and identity cards, I also call on the home minister to review this decision to determine if this move would be compounding the problem of statelessness, rather than resolving it, among abandoned children and those living in the interior parts of Sarawak, mostly the natives.
In the cases of abandoned children, most of them would only get to know of their stateless status when they are 12 years old. This is when their carers would try to apply for their identity cards and would then be told that the birth certificate of the child was false.
As a matter of current procedure, the falsified birth certificates would then be confiscated by the JPN officers. An investigation would be carried out and only after its completion would the application for the registration of birth certificate be made at the state JPN where the impression of the child’s thumbprint would be taken.
If this birth certificate is considered as a late registration, which it should be, the question would then be how this child would be able to fly out to Putrajaya without any personal documents in order to register his late birth.
Unlike Peninsular Malaysians, where every state is linked by road, a Sarawakian or a Sabahan needs to fly in order to reach Putrajaya.
The same problem would be faced by those who have a few generations of statelessness among their family members. These people usually stay in the interior parts of Sarawak and due to either ignorance or the lack of financial means to travel to the main towns in Sarawak to register the birth, a lot of these people would consequently end up undocumented.
It is precisely because of their immobility that currently there are state JPN mobile units which go into the interiors of Sarawak to help in the late registration of birth. It is foreseeable therefore that the need to travel to Putrajaya in order to effect a late registration would deter even more people from having their late registration of birth done.
On top of that, even if they have the means to fly, they would still be unable to fly without any birth certificates or a Malaysian Identity card.
The decision to centralise the late registration of birth certificates would surely not work well for these classes of people living in Sarawak, unlike their Peninsular Malaysian brethren. The decision might, therefore, bring them more distress and burden than benefits.
Furthermore, in order that this mechanism may serve its purpose, that is to enhance security, the home ministry should also consider if the JPN headquarters in Putrajaya is equipped to handle a large number of late registration of births.
To lump all the states’ registration in Putrajaya would surely mean unnecessary and substantial delays, especially with respect to abandoned children. It generally takes six months to one year for the issuance of a late registration of birth certificate for a typical case of an abandoned child in Sarawak. This is inclusive of investigations carried out by the investigations division of the JPN in Sarawak.
In the event that the jurisdiction and authority now fall under the Putrajaya JPN, would there be any guarantee that the issuance of birth certificates would be done within the shortest span of time? This is crucial due to the fact that a birth certificate is required for the adoption application of these children and the limitation of age of a valid adoption in Sarawak is 18 years old and not 21 years old as in Peninsular Malaysia.
Only after the adoption is completed can the adoptive parents of the child make a citizenship application on behalf of the child.
The proposal to incorporate the DNA information of a child into his or her birth certificate is good in terms of security. However, my concern is that the cost of one DNA test is between RM1,500 and RM3,000. Not everyone is able to afford the cost and expenses associated with DNA testing.
Furthermore, the current procedure is that one JPN officer must be present to witness the blood test and to handle the necessary paperwork. Is the JPN sufficiently equipped in terms of manpower to handle these cases? The proposal for the DNA information to be incorporated is good provided that the issue of cost and manpower is resolved so as not to bring more burden than benefits to the parties involved.
Our country has been suffering from the social issue of citizenship and falsification of identification documents for many years. Brokers and syndicates are always on the look-out for a chance to take advantage of loopholes in the legislation to prey on vulnerable victims. It is therefore good and timely that the home ministry is currently making real efforts to eradicate this social problem.
However, to be able to resolve this problem, the root cause should be addressed most adequately. And this root cause may differ from one state to the other.
The home ministry should work together with respective state governments and consider making the process for the application and acquisition of citizenship easier for those who truly deserve it. This is especially so for abandoned children who were born in the country and have been legally adopted by Malaysian parents.
Instead of only fighting the symptoms of this social ill, I urge the home ministry to also address the root cause so that people will not deem it necessary to engage brokers or go through the backdoor, just to obtain the necessary documents to enable them or their children to reside as worthy citizens in Malaysia.
Irene Mary Chang Oi Ling is the state assemblywoman for Bukit Assek - FMT
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