Blatantly false that siblings lack required files for citizenship

 We refer to the press statement issued by the National Registration Department (NRD) yesterday that claimed that the four stateless siblings “refused to cooperate” in resolving their citizenship issue.

The four stateless siblings; Aziq (24), Azreen (22), Azzahra (12), and Azalea (9), went to NRD Putrajaya yesterday to obtain acknowledgement of their Malaysian citizenship. They went upon the invitation of NRD itself, made through a press release on Tuesday evening. 

Shockingly, not only were they denied assistance, but NRD has now maliciously resorted to defamatory statements in order to shift the blame upon the four siblings who have suffered for years due to NRD’s own wrongdoings and administrative failures. 

It is blatantly false that there were insufficient details of the parents’ marriage as claimed by NRD in their statement. A copy of the marriage certificate, which was certified true under seal, was submitted to NRD officials yesterday.

Unlawful, excessive bureaucracy

The NRD also added unnecessary and unlawful conditions by requiring the application to be made by a person who is already a citizen. There is no legal reason why the siblings themselves or any stateless individuals for that matter cannot make this application themselves.

The Constitution and laws impose no such condition. Those qualified for citizenship under Article 14(1)(b) of the Federal Constitution are entitled to submit the application to NRD.

There is no need for a “middleman” with Malaysian citizenship to apply on their behalf. The siblings are being denied their rights due to unlawful and excessive bureaucratic requirements.

As such, it is false that the four siblings were uncooperative with the NRD. On the contrary, the NRD came with baseless objections, making the process fraught and difficult. 

What transpired yesterday was truly appalling; the siblings who came to the NRD believing that they would get their citizenship issue resolved were instead met with officials bent on making the process difficult and further denying their rights.

From the outset yesterday, the NRD attempted to deny them the assistance of their lawyer to fill up the forms and discuss them with officers. It was only after repeated pleas that NRD finally allowed their lawyer to assist the siblings. What was the need for this?

Throughout the process in NRD yesterday, instead of offering advice, multiple officers including the director-general of NRD himself, Zamri Misman, continuously harassed the four siblings by accusing them of making the process difficult by involving lawyers and blamed them for not getting the “proper advice” from NRD before holding a press conference.

At one point, even with lawyers present, they attempted to hand over the foreigner’s citizenship application form - which was clearly the wrong form as the siblings are Malaysians as of right.

Inexcusable conduct

What is NRD’s motive in misleading or obstructing the siblings, despite knowing that they are seeking Malaysian citizenship as of right through their Malaysian father and not as foreigners? 

All this despite the clear fact that the siblings qualify for Malaysian citizenship by virtue of their Malaysian father, in accordance with Article 14(1)(b) and 2nd Schedule para 1(a) of the Constitution.

Their Malaysian father and their Indonesian mother were married prior to the birth of the siblings. As legitimate children, they inherit the citizenship of their father under the Constitution. 

As the NRD and the government are fully responsible for the plight of the siblings, including the denial of schooling to Azzahra and Azalea, it was their solemn duty to facilitate and honestly assist them yesterday.

It was dreadful for these children, especially the two youngest ones, that this did not happen. 

The treatment received by the four siblings when dealing with the NRD is inexcusable. One can only imagine how stateless persons are treated by them when lawyers are not present. It is truly alarming that NRD officers act with such impunity and disregard of the Constitution. 

We urge the government to act swiftly to resolve the citizenship woes of the four siblings as they have been denied their rights for too long and their future is in jeopardy.

It is especially so for the two youngest siblings, Azzahra and Azalea, who are not in school due to NRD’s refusal to recognise them as Malaysians.

We further demand an explanation from the government and Home Ministry over the unacceptable treatment meted out by NRD officers yesterday towards the four siblings and the failure to resolve the matter. 

Irrespective of the difficulties created by NRD, the siblings have submitted the application to the NRD yesterday, with all details necessary under the law included, and the NRD has acknowledged receipt.

We urge the NRD to process and acknowledge the siblings as Malaysian citizens immediately. There are no grounds for further delay or to keep Azzahra and Azalea out of school any further. - Mkini

---

ZAID MALEK is Lawyers for Liberty director.

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