Home minister’s initiative on statelessness must be made effective by new procedures and mechanisms
17 December 2020
We refer to the recent statement by the Home Minister that his ministry will be giving stateless persons one year to make an application for citizenship.
We have long called for serious and effective action by successive governments to resolve the problems of statelessness in Malaysia. We welcome this move by the Ministry as an indication that the government is finally serious in resolving this longstanding problem, which has caused untold suffering to those wrongfully denied citizenship.
Though details of this move have yet to be announced, we caution the Minister to ensure that the mechanism for said applications must be clear and unambiguous. A proper standard operating procedure must be configured, and the information must be accessible to prospective applicants.
The Home Ministry must be clear on what kind of documentations are needed for the application; a proper checklist must be in place and the National Registration Department (NRD) must be tasked to give the necessary advice and guidance to any stateless person who comes forward to make an application.
Most importantly, the documentations required must be reasonable. Stateless persons generally lack any proper and formal form of identification. Any documentations required must be in line with the provisions of the Federal Constitution, i.e; the documents needed must only pertain to what is necessary to prove the qualification for citizenship under the relevant provisions of the Federal Constitution.
If it is clear that the applicant is entitled to citizenship as of right, lack of documentation cannot be a bar to confirming the citizenship of the applicant. This would be the case for example, where a person was born and has lived in Malaysia all their life, but has no formal documentation.
In this regard we are glad that the Home Minister specifically stated that apart from valid documentation, “other evidence” will be accepted.
A common problem that we have previously faced is NRD’s failure to distinguish between those making an application for citizenship and those who qualify for citizenship as of right under Article 14 of the Federal Constitution.
Those under the latter category are usually refused the right to make an application under Article 14 despite fulfilling the criteria under said provision. Therefore, it is pertinent that the mechanism introduced by the Home Ministry must make clear NRD’s role in receiving these applications.
We sincerely hope the upcoming announcement by the Home Ministry will provide a holistic mechanism that would effectively solve the issue of statelessness in Malaysia. Without proper procedures and execution, this move will ultimately be for naught.
Lawyers for Liberty