KUALA LUMPUR, Sept 29 — A Perak-born stateless woman is overjoyed to lastly be formally recognised as a Malaysian at the age of 68, after amassing her proof of Malaysian citizenship and her blue Malaysian id card — in any other case often known as MyKad and solely issued to Malaysian residents — only a few days after Malaysia Day.
Having lived in Malaysia her complete life however and not using a citizenship from any nation, the woman — whose identify is being withheld to guard her privateness — is “excited, joyful and moved” to lastly be recognised a Malaysian citizen, her youngsters advised eNews Malaysia.
“It’s like a dream come true,” her youngsters stated when requested how she felt. They responded to eNews Malaysia by way of the woman’s lawyer Larissa Ann Louis.
As for what was most significant to her for Malaysia to lastly recognise her as a citizen, the kids stated: “She would not need to really feel completely different than different individuals who have blue id card, she’s proud to say she’s actually Malaysian now. And she may fulfil our late father’s want too.”
The woman’s husband, who himself died as a stateless individual about seven years in the past, had wished for her to be recognised as a citizen of Malaysia.
As for her youngsters who’re all Malaysians, they stated they have been “undoubtedly blissful for her as she’s lastly a Malaysian citizen now, she will be able to dwell life as a standard Malaysian, take pleasure in all the advantages given by our authorities and in a position to vote quickly.”
The very very first thing that the woman needed to do after getting a Malaysian id card was to get a Malaysian passport, which she did on the identical day as her assortment of the MyKad at the National Registration Department’s (NRD) Putrajaya headquarters.
Previously, the woman advised the High Court that she had suffered emotionally, as she had been mocked for being of ‘Bukan Warganegara’ (non-citizen) standing and was continuously ridiculed as purportedly being a ‘foreigner’. — Picture by Sayuti Zainudin
Her lengthy path to citizenship
The woman by no means knew the organic mother and father who deserted her after she was born in a Perak hospital in 1955, and has no data of their nationality and solely is aware of their names from her delivery certificates. She was born earlier than Malaya turned impartial on August 31, 1957 (Merdeka Day) and earlier than Malaysia’s formation on September 16, 1963 (Malaysia Day).
Her Malaysian adoptive mother and father — who cared for her since delivery and legally adopted her at age 9 — at the moment are deceased.
Previously, the woman advised the High Court that she had suffered emotionally, as she had been mocked for being of “Bukan Warganegara” (non-citizen) standing and was continuously ridiculed as purportedly being a “foreigner”. This is regardless of her not being a citizen of some other nation.
She needed to work throughout her teenage years to outlive as occasions have been onerous. Having married at age 19 to her stateless husband who had everlasting resident standing, the woman had by no means thought of her personal citizenship standing whereas totally targeted on elevating their seven youngsters.
When her youngest little one had grown up, the woman then utilized to the NRD in March 2007 for everlasting resident standing, which she efficiently obtained in April 2007.
After making use of to the NRD for Malaysian citizenship on December 19, 2017, the Home Ministry in an August 23, 2022 letter knowledgeable her that her software was rejected however didn’t give any causes.
Her citizenship software was made underneath the Federal Constitution’s Article 19, which required proof that she had stayed in Malaysia for 10 years earlier than making use of to be a Malaysian citizen by naturalisation. Her PR standing from 2007 to 2017 would allow her to show this.
Under Article 19, the Malaysian authorities might select to approve purposes to be a naturalised citizen if glad that the applicant aged at least 21 is of “good character”, has “ample data” of the Malay language, has lived in Malaysia at least 10 years — inside 12 years earlier than the applying — and intends to dwell completely in Malaysia if naturalised.
Under Article 19, the Malaysian authorities might select to approve purposes to be a naturalised citizen if glad that the applicant aged at least 21 is of ‘good character’, has ‘ample data’ of the Malay language, has lived in Malaysia at least 10 years — inside 12 years earlier than the applying — and intends to dwell completely in Malaysia if naturalised. — Picture by Sayuti Zainudin
A court docket problem and profitable second citizenship try
On November 22, 2022, the woman filed a lawsuit within the High Court towards the Home Ministry secretary-general, the National Registration Department director-general, and the federal government of Malaysia, and sought to be declared a Malaysian citizen and be issued a citizenship certificates and the MyKad id card.
As her court docket case was filed via an software for judicial overview, the court docket needed to first grant go away or permission for the lawsuit to be heard.
The High Court on January 4 this yr granted her go away as there have been no objections by the Attorney-General’s Chambers (AGC).
When contacted, Larissa advised eNews Malaysia that the federal government on June 20 instructed that her shopper may apply for Malaysian citizenship underneath the Federal Constitution’s Article 16.
eNews Malaysia’s verify of the Federal Constitution exhibits that Article 16 caters particularly to these born in Malaysia earlier than Merdeka Day in 1957, the place they are often registered as a Malaysian citizen in the event that they apply and might fulfill the Malaysian authorities that they meet these situations: have lived in Malaysia for at least 5 years inside a seven-year interval instantly earlier than making use of; intends to dwell in Malaysia completely; is of “good character”, and has “elementary data” of the Malay language.
Larissa stated the woman on July 5 made a citizenship software underneath Article 16 at the NRD’s Jalan Duta workplace and was interviewed the following day at the identical workplace.
Larissa stated the AGC on August 8 knowledgeable her that the NRD had accepted her shopper’s Article 16 citizenship software, and that her shopper on September 19 collected her certificates of citizenship and id card at the NRD’s Putrajaya workplace.
Previously, High Court decide Datuk Ahmad Kamal Md Shahid had on July 31 heard the woman’s lawsuit. At that point, the woman was nonetheless ready for the NRD’s choice on her Article 16 software.
On September 26, which was when the High Court was scheduled to ship its choice on the woman’s court docket problem, the decide was knowledgeable that the woman’s citizenship software underneath Article 16 had been accepted.
Asked by eNews Malaysia, Larissa confirmed that the High Court didn’t ship a choice as her shopper has been recognised as a Malaysian citizen. Her shopper sought to withdraw the case and the High Court then made an order of withdrawal of the case with no order as to prices.
Click right here for extra concerning the Perak woman’s story and her court docket case.
Lawyer Larissa Ann Louis speaks to reporters at the Kuala Lumpur High Court January 4, 2023. — Picture by Miera Zulyana
Why the Perak woman’s pre-Merdeka case is essential
Larissa was unhappy that her 68-year-old shopper needed to wait so a few years earlier than she was recognised as a Malaysian underneath the legislation.
“It’s certainly unhappy that it needed to take a case to be filed in court docket to get Malaysian citizenship lower than two months from an software — a citizenship which ought to have been hers way back. We typically need to file circumstances in court docket to get the eye of the related ministries. However, not each stateless individual has the related sources to take action.
“I’m very glad she’s a citizen lastly and grateful to the federal government for suggesting an alternate route i.e. by way of Article 16 for her. However, I’m saddened by the truth that we couldn’t set a precedent in court docket on Article 14(1)(a) and Article 19, an inaugural try in court docket,” the lawyer advised eNews Malaysia.
The Perak woman is believed to be the primary individual to file a court docket problem towards each the Malaysian authorities’s rejection of Article 19 purposes to be a naturalised citizen and on Article 14(1)(a) which comprises the pathway for individuals born earlier than Malaysia Day in 1963 to be entitled to be a Malaysian citizen. In different phrases, Article 14(1)(a) covers people who have been born earlier than Malaysia was even shaped.
Article 14(1)(a) requires situations underneath Part I of the Federal Constitution’s Second Schedule to be fulfilled for such pre-Malaysia born individuals to be Malaysians.
In the Perak woman’s lawsuit, she had argued that she meets the situation underneath Section 1(1)(a) of Part I of the Second Schedule to be a Malaysian citizen, specifically that she was — instantly earlier than Merdeka Day in 1957 — a citizen of the Federation of Malaya, primarily based on the Federation of Malaya Agreement 1948.
(Malaya — which is now often known as peninsular Malaysia — declared its independence in 1957 and got here along with Sabah, Sarawak and Singapore in 1963 to kind Malaysia.)
She had via her lawyer argued that she fulfills both clause 125(a) or 125(c) of the Federation of Malaya Agreement 1948 to be a citizen of then-Malaya underneath the legislation, specifically that she was both a topic of the ruler of any state (Perak in her case) or she was born in Malaya and born a citizen of the UK and colonies and that certainly one of her mother and father was born in Malaya.
The final result of these arguments primarily based on pre-Merdeka legal guidelines and pre-Merdeka conditions at the moment are unknown, as she acquired her citizenship recognition earlier than a court docket choice was delivered.
In the Perak woman’s lawsuit, she had argued that she meets the situation underneath Section 1(1)(a) of Part I of the Second Schedule to be a Malaysian citizen, specifically that she was — instantly earlier than Merdeka Day in 1957 — a citizen of the Federation of Malaya, primarily based on the Federation of Malaya Agreement 1948. — Picture by Razak Ghazali
Beyond this citizenship case which ended on a contented be aware for her shopper, Larissa additionally highlighted the necessity to act towards the federal government’s plans to make modifications to the Federal Constitution — which citizenship legal professionals and civil society have raised the alarm on — as these proposed amendments would additional limit Malaysian citizenship to real circumstances and will improve the variety of individuals who’re stateless or with none nationality in Malaysia.
“I suppose we will select to win some battles, however the battle isn’t received but — we must be very clear. With the proposed amendments on citizenship within the Federal Constitution, it should additional limit than allow.
“We should do one thing about this, if not, the stateless group will proceed to develop with none recognition and safety. We want to recollect, they’re people too that deserve a spot in our land,” she stated.
A typical false impression is that stateless individuals in Malaysia are solely these resembling refugees or those that have been born outdoors of Malaysia.
But civil society group Development of Human Resources for Rural Areas (DHRRA) has recognized at least hundreds of circumstances of stateless individuals with real hyperlinks to Malaysia, resembling those that have been deserted at delivery in Malaysia; those that have been born domestically to Malaysian fathers earlier than their marriage to overseas wives have been registered; those that are born domestically and have been adopted by Malaysian mother and father; these born right here earlier than Merdeka however have been denied citizenship; and households with generations of stateless youngsters born in Malaysia.
