On May 28, the Federal Court dismissed an application by an 11-year-old boy, who was born illegitimately to a Filipino mother and a Malaysian father, for Malaysian citizenship.
The decision by the highest court in the land, (albeit by a narrow 4-3 majority, which is now academic) triggered emotional debates and an outpouring of sympathy outside the courtroom notably in cyberspace and especially social media platforms.
In some cases, the courts have treated aggrieved parties with compassion but there was room for it in this case as the coram of judges was asked to interpret the Federal Constitution. We are not going into the realities, the logical and legal thoughts of the learned judges and do not want to make pronouncements that could possibly lead to charges of contempt for insulting the judiciary.
On the contrary, what has to be questioned are the policies, deliberations and decisions of the government when it comes to citizenship.
For all intents and purposes, the home minister (by virtue of his position) is the final arbiter when it comes to considering, deliberating, approving and issuing citizenship certificates. These are provided for in the country’s laws.
While discussing the issue with some people in the know, I was advised to be “cautious” because the minister has recently refused to subscribe to common sense and reasoning. He also has demonstrated his unfettered powers over the police but this issue needs to be addressed and appropriate answers must be forthcoming.
About the same time as the Federal Court decision, our national football team was in the Middle East preparing for the World Cup qualifiers. In the squad were three naturalised citizens from third countries who were donning Malaysian colours (that Malaysia was beaten 4-0 by Saudi Arabia and 2-1 by Vietnam is a moot point).
They were Guilherme de Paula from Brazil, Liridon Krasniqi from Kosovo and Sam Somerville, a Briton. All three arrived in Malaysian in 2016-2017 to play in the national football league. In short, they have been in Malaysia for about four to five years.
Article 19(3) of the Federal Constitution states that: “The periods of residence in the Federation or the relevant part of it which are required for the grant of a certificate of naturalisation are periods which amount in the aggregate to not less than ten years in the twelve years immediately preceding the date of the application for the certificate, and which include the twelve months immediately preceding that date.”
So, did the ministry breach its own rules and fast-track their applications? Was it not a dereliction of their duties or was it a case of tutup satu mata (close one eye)? They are not superstars or will come anywhere near the likes of Messe, Neymar or even an English Division Three league player.
They are journeymen – on a nomadic trail, unable to eke out a living playing football in their own home. Our checks show that Somerville was playing for Tooting and Mitchum, a non-league club based in the outskirts of London. Others played in lesser leagues in their country.
At ministry's mercy
Writing for FMT in July last year, veteran football writer Tony Mariadass noted: “Some 600 foreign players from 90 countries have graced (our) stadiums nationwide since 1989 when semi-professional football was introduced. From 2014 to this year, 25 players have been naturalised, eight of whom had no stints with either Harimau Malaya or junior national teams.”
According to the Home Ministry’s website, citizenship by naturalisation is for those who fulfil the minimum residency requirements and have adequate knowledge of the Malay language (the residency requirement has been outlined above).
I don’t want to even delve into how some foreign workers have acquired citizenship or how Indian preacher Zakir Naik obtained permanent residency for himself, his wife and his children "within minutes". Media reports said the Home Ministry acted under instructions from leaders of the then BN government.
Sorry for the digression, but I’ll come to the core issue of citizenship. Let us address the plight of the boy and hundreds of foreign spouses unable to get citizenship for various reasons despite having qualified on all counts.
The stay for the latter group is at the mercy of the ministry which grants them residency permits for fixed periods only. It is akin to going with a begging bowl to Putrajaya periodically.
Shouldn’t the lives and welfare of Malaysian-born children and foreign spouses who made Malaysia their homes more than a decade ago be treated fairly and given priority? Footballers don’t even qualify by a long shot, let alone when their standards can only be described as average?
From officialdom, which has broken the law for foreign footballers who have a short playing span, can there be compassion, kindness and consideration for juveniles like the 11-year-old boy and the foreign spouses who are here permanently?
Postscript: In 1980, another journeyman (at that time) Vijay Singh applied for Malaysian citizenship (being married to a Malaysian) while being a pro at the Morib Golf Club in Selangor. It was rejected. He then went to Europe and the US, where he won the US Masters in 2000 and several other titles.
It was a blessing indeed. If he had stayed, he would not have progressed beyond being a teaching pro subjected to many questionable rules and regulations; the NEP policy and other bureaucratic processes.
I remember local senior golfers telling me (then) that Vijay was teased and taunted as "Black Singh". He was a threat and they could not match his skills and his work regime -- hitting 1,000 balls a day and pumping iron in the gym in his free time. - Mkini
R NADESWARAN says the minister cannot sit on a pedestal and remain silent and should provide answers for the many wrongdoings in his ministry. Comments: citizen.nades22@gmail.com
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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