Cut the red tape for citizenship applications for stateless people, urges Lawyers for Liberty

PETALING JAYA: Social rights organisation Lawyers for Liberty (LFL) has called on the government to address the red tape involved in the application process for citizenship by stateless people.

LFL adviser N. Surendran said that hundreds of cases involving statelessness had been left unresolved by “unlawful actions and hurdles” by National Registration Department (NRD) officers.

“This includes applicants either being given the wrong forms constantly or straight up denied from being given the necessary forms,” he said at a press conference on Tuesday (March 19).

He also revealed some officers would also demand “additional requirements” not listed in the Federal Constitution such as needing to have parents around and needing to provide their parent’s marriage certificate, among others.

“The proposed amendments now put these cases in particular urgency as their right to citizenship should already be guaranteed under the Constitution.

“But if they pass the amendments, it will wrench their birthright to citizenship from them and hand the power over to the discretion of officers,” he said.

LFL advisor Latheefa Koya also shared more experiences of some applicants.

“Some were told to verify that they do not have any other citizenship by demanding the stateless get confirmation from respective embassies.

“But after doing all this and waiting for up to six years, many were told that their application had been rejected, without any legitimate reason given.

“How many years can these stateless people try before giving up hope,” she said.

Former Malaysian Bar president Datuk Ambiga Sreenevasan said the amendments would nullify the landmark decision of the Federal Court in CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia [2022] 1 MLJ 71, on the rights of foundlings to citizenship.

At the press conference, LFL revealed the plight of four women whose struggle for citizenship continued to be plagued by administrative hurdles despite being born and raised in Malaysia to either Malaysian fathers or fathers with permanent resident (PR) status.

She gave the example of Khairunnisa Ibrahim, 29, and Wiwin Handayani, 22, who were born in Kuala Lumpur hospitals and whose respective fathers have PR status.

“Both women have been repeatedly denied citizenship due to NRD’s refusal to recognise their parents’ Indonesian marriage certificate, despite each woman’s siblings all being given citizenship.

“This has led to both women being denied and deprived of proper education and employment opportunities,” Ambiga said.

Similarly, 41-year-old Seri Mulyati said she was the only one among her siblings without citizenship.

Her parents obtained PR status within a year of her birth, at a hospital in Klang in 1983.

Her parents registered their marriage in Indonesia in 1982 and also in Malaysia in 2018 with her father obtaining his citizenship in 2009. Her mother obtained hers earlier this month.

Another woman, 21-year-old Vanessa, said her attempts to obtain citizenship had been repeatedly denied as her Malaysian father and Indonesian mother’s marriage was never registered. Vanessa was born in a polyclinic in Ampang in 2003.

Ambiga said each of the women was entitled to citizenship by operation of law under Section 1(a) or Section 1(e) of the Second Schedule of the Federal Constitution, or both.