PETALING JAYA: Even though there are no latest figures for the number of stateless people in Sarawak, the number is said to run into hundreds of thousands, so the state government’s decision to issue temporary documentation to non-citizens under 21 years has won praise.
NGO Family Frontiers lead coordinator Bina Ramanand said the decision will bring temporary relief to affected children, who have no access to education and healthcare.
She said it is also in their best interest and would secure their future as adults when they need to join the workforce.
“The benefits would be immense for the affected children, their families and the country. Malaysia would benefit in the long term by their contribution to the GDP when they join the workforce.
“We urge the government not to delay issuing citizenship-related documents to these children, including those who were adopted by at least one Malaysian parent, notwithstanding their place of birth or marital status,” she said.
Bina added that with Malaysia’s seat on the UN Human Rights Council, the government must lead the way in issuing legal identity documents to children without Malaysian citizenship as per SDG16.9, which covers many other UN Sustainable Development Goals (SDG).
“This will also be in line with Malaysia’s international obligations under the Convention on the Elimination of Discrimination Against Women and Convention on the Rights of the Child.”
She said the government should meet its commitment to amend the Federal Constitution and grant Malaysian women equal rights to citizenship for their overseas-born children.
Meanwhile, lawyer Kokila Vaani Vadiveloo said stateless children face difficulties in accessing education and healthcare in Malaysia.
“Compulsory primary school attendance was implemented under Section 29A of the Education Act 1966, but it is only for citizens.
“Stateless children would also be charged according to foreign patients’ rates, which are 24 to 100 times more than what a Malaysian would pay under the Fees Act (Medical) 1951,” she added.
Kokila said issuing temporary documents may help to track the number of stateless children in Sarawak and facilitate citizenship applications.
She said it is also a good initiative to be implemented nationwide, adding that the Constitution has three lists – the Federal List, which sets out matters only Parliament can make laws on; the State List, which sets out matters only legislative assemblies can make laws on; and the Concurrent List , which sets out matters which Parliament and legislative assemblies can make laws on.
“The Malaysian citizenship falls under the Federal List. The State does not have the autonomy to resolve issues concerning stateless children. As enshrined in the Federal Constitution, the decision on granting citizenship is still at the discretion of Home Minister Datuk Seri Hamzah Zainudin.
“Hence, referring to Article 15A of the Federal Constitution, by right the federal government should be the one to implement this initiative nationwide to avoid any possible inconsistencies and override any federal laws,” she said.
Moreover, Kokila said it should be established as to how long these temporary documents would be valid.
“Having some documents, albeit temporary ones, can help ensure the fate of stateless children. In too many cases, children face discrimination from an early age, not to mention exposure to crimes and unsuitable environments due to deprivation of education and better healthcare.
“The lower cost of healthcare would also contribute to the better well-being of stateless children in the country amid the pandemic,” she said.