Fast-track approval for imports, rejection for the native-born

 

Reading media reports of failed citizenship applications and heartbreaking court battles never fails to tug at one’s conscience.

Each story reflects not just personal disappointment but the crushing weight of double standards that leave genuine applicants in despair.

As someone who has followed and written extensively on the seven foreigners swiftly granted citizenship to play football for the country, one cannot help but feel dismayed at the stark contrast with the conduct of the National Registration Department (NRD).

The disparity is not only glaring but deeply troubling, for it exposes a system in which compassion seems absent, and fairness is not applied consistently.

Why is compassion extended to foreign footballers but denied to children born and raised here, whose only “fault” lies in the circumstances of their parents’ paperwork?

This question is not rhetorical - it cuts to the heart of what citizenship should mean in Malaysia.

When the NRD fast-tracks approvals for outsiders while locals endure years of rejection, the issue is no longer administrative; it becomes a moral failing of governance.

In the case of the footballers, it took just over 40 days for citizenship papers - from Feb 7 last year, when the Home Ministry issued formal invitations to two players, until March 17, completing the citizenship process, “passing” the requisite Malay language tests, taking the oath of allegiance, and the issuance of citizenship certificates.

They were issued MyKads and passports the following day.

Haritharan’s plight

Take the case of Perak-born Haritharan Mugunthan, 25, who, after going through several applications and the legal system, last week failed to be declared a Malaysian citizen by the Court of Appeal.

According to a report by the Malay Mail, despite being born to a Malaysian father and having once been issued a Malaysian passport as a toddler, the court unanimously decided he is not entitled to citizenship under the Federal Constitution.

Because his Malaysian father and Thai mother were not married when he was born, his birth is deemed illegitimate in law. Section 17 of the Federal Constitution’s Second Schedule, Part III, states that in such cases “parent” refers only to the mother. The court therefore ruled that Haritharan must take on his mother’s Thai citizenship, not his father’s Malaysian one.

A similar fate befell two sisters born in Kuala Lumpur to a Malaysian father and Filipino mother. The Court of Appeal applied the same provision, ruling that they too must inherit their mother’s citizenship.

Even certificates from the Philippine embassy stating they had never applied for a Filipino passport were dismissed, as the court held these did not prove they were not citizens at birth.

Let me be clear: I am neither criticising nor challenging the court’s decision. However, I do seek answers from the NRD regarding the seven footballers.

The Football Association of Malaysia (FAM) refers to them as “heritage” players. This is utter bunkum. They were “mercenaries” who got paid to pretend to be Malaysians, until they were caught out.

The Court of Arbitration for Sport (CAS) ruled that FAM had “complicit responsibility” in falsifying documents to join the national team.

Some facts:

• The seven players - Gabriel Felipe Arrocha, Facundo Garces, Rodrigo Holgado, Imanol Manchuca, Joao Figueiredo, Jon Irazabal, and Hector Hevel - were never born in Malaysia.

• All submitted false or forged certificates of their grandparents (claiming to be born in Malaysia) to the NRD, which processed their applications, issued MyKads, and enabled them to obtain Malaysian passports, and represent the country under the International Federation of Association Football’s “grandfather rules”);

• Their lawyers later claimed they were denied citizenship only because of residency requirements;

• All admitted they did not read the application documents because they were in Malay, and

• Falsely declared they had resided in Malaysia for at least 10 years.

The question is stark: if the NRD can expedite citizenship applications for seven foreign footballers under the existing legal framework, why can't the same urgency and compassion be extended to three young people who were born, raised, and have lived as Malaysians for more than two decades?

Legitimate documents provided

Unlike the footballers, they submitted no dubious documents. Haritharan produced his birth certificate, his Malaysian passport issued in 2022, his MyKad number, school records, immunisation records, and proof of life in Malaysia.

Had he taken the same route as the seven footballers, he would have sailed through, but he sought to be honest.

Haritharan was born in Malaysia, and having been schooled locally, he would have been proficient in the Malay language and met the minimum residential period.

Citizenship is not merely a legal designation; it is the affirmation of identity, belonging, and dignity. When the system rewards deception yet punishes legitimacy, it undermines public trust in both law and governance.

The NRD must answer why forged papers from foreign footballers were sufficient to secure MyKads and passports, while genuine documents from children of Malaysian fathers were dismissed.

Policy reforms

This contradiction highlights the urgent need for policy reform. Section 17 of the Federal Constitution, which denies paternal lineage to children born out of wedlock, reflects a bygone era.

It fails to account for modern realities where family structures are diverse, and where a child’s right to nationality should not hinge on the marital status of parents. Amending this provision would ensure that no child is penalised for circumstances beyond their control.

At the same time, NRD procedures must be tightened to prevent abuse of the system by those who exploit loopholes with forged documents. Oversight, transparency, and accountability are not optional - they are essential.

But reform alone is insufficient without a moral awakening. Laws may define citizenship, but compassion defines nationhood.

If Malaysia is serious about fairness, then citizenship cannot be a privilege reserved for the powerful who are able to manipulate the system.

It must be a right upheld for those who are born here, who grow up here, and who have no other home to claim. To deny them recognition is to deny the very principle of justice that the Federal Constitution is meant to uphold.

Ultimately, the measure of a nation is not how swiftly it grants citizenship to outsiders for convenience, but how steadfastly it protects the rights of its own children.

Until compassion is placed alongside constitutional interpretation, the promise of equal treatment under the law will remain hollow.

Reform must be pursued not only to correct legal inconsistencies, but to restore faith in the idea that Malaysia belongs to those who have always belonged to it.

A question: Most citizenship applications require this written affirmation: “I confirm that I am of good character and have resided in Malaysia for no less than 10 years, and that all information provided in this form is complete, true, and correct in every detail. I fully understand that if I knowingly make a false statement, I may, upon conviction, be liable to imprisonment for a term of two years, a fine of RM1,000, or both.”

Why has the NRD not prosecuted the seven players and others involved in submitting false information, or are there two sets of laws?

Besides, Malaysia does not recognise dual citizenship. And hence, shouldn’t their citizenship be revoked? - Mkini

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R NADESWARAN is a veteran journalist who strives to uphold the ethos of civil rights leader John Lewis: “When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something.” Comments: citizen.nades22@gmail.com.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.