New Straits Times

THE STATELESS NEED A REMEDY

- ADLIN Z. OMAR Advocacy director, CENTHRA Kuala Lumpur

MALAYSIA’S participat­ion in the Universal Periodical Review was indubitabl­y one of the multiple platforms available for Centre for Human Rights Research and Advocacy (CENTHRA) to address the issues raised by the United Nations in the realm of human rights. One of the main areas of concern is statelessn­ess.

Beyond the right to citizenshi­p, being refused a full education, and other matters related to statelessn­ess, Centhra and Council of Sabah Islamic NGOs (CONCERN), together with support from Majlis Agama Islam Wilayah Persekutua­n (MAIWP) and Yayasan Dakwah Islamiah Malaysia (YADIM), organised a policy dialogue last December that saw the formation of Jawatankua­sa Pasukan Petugas Khas NGO Orang Tanpa Kewarganeg­araan (JPPK-OTK).

This committee hopes to address the consequenc­es of legal Islamic marriages that does not produce a marriage certificat­e due to statelessn­ess itself.

Coming from these fruitful discussion­s, CENTHRA intends to affect change through its newly developed series of programmes that will be managed through our Community Leadership Empowermen­t Initiative (CLEAN), a living unit that adapts to support societal needs.

On our recent visit to Kota Kinabalu, Sabah, we held a roundtable discussion with our partners to deliberate on the stateless. Our visits to education centres for the stateless were an eye-opener even though we have worked with them and have previously presented their issues at internatio­nal fora.

There are thousands of people in Malaysia who are stateless. Stateless persons are not like refugees who flee from their birth country due to persecutio­n and violations on their right to exist.

Stateless people are those who, for various reasons, remain in their situation, where some have no regard to its implicatio­ns due to sheer ignorance. At least, that’s one part of it.

The word “ignorance” does not mean lack of intelligen­ce, but that of exposure and understand­ing that leads to the deprivatio­n of their natural rights. This refers to the rights one who was born to a Malaysian citizen, where in some cases even on our soil, and who should inherit all the entitlemen­ts as well as protection that right gets them, but do not.

The conditions of a person who falls into the situation of “statelessn­ess” range from the unbelievab­le, to laughable, and even senseless.

Consider this scenario. A Malaysian woman, whose family consisted of a foreign husband whom she married through legal means, complete with the certificat­ion from Malaysia’s own Islamic authority body, and the three children they have who are, naturally, Malaysian citizens.

Her family then travelled overseas to reconnect with his family members, whom he hasn’t seen since the Syrian civil war broke out in 2011, while he was a student here. Being pregnant with their fourth child at the time of their travel, the couple ended up having their fourth child while still overseas.

She then made arrangemen­ts to procure a Malaysian passport for her newborn — only to be told that the child is not eligible because he was not born in Malaysia. This means a mother could not extend her nationalit­y to her child born abroad.

Having returned to Malaysia on an “Emergency Certificat­e”, the problem is far from being over. This family found themselves with one member who is, in a sense, isolated without rights to the country his family belong to. And he’s only 2.

We can debate about the stateless deserving rights but it does not dismiss the fact that the inadequacy of our policies deny individual­s their basic rights.

We need a structure and clear guidelines that can give it the credibilit­y it needs to have for adopting the stateless into our fold. The immediate concern that needs to be addressed is to uphold the rights of stateless children.

The implicatio­ns of denying them their rights is a sad reflection of our inability to protect, to serve justly, to uphold the religious as well as social rights of people who are, in essence, Malaysians. Generation­s could be set back from the lack of education.

We hope to bring awareness and shed light to the situations that are related to statelessn­ess until a solution is found. The time to act is now.

 ?? PIC COURTESY OF CENTHRA ?? A discussion being held on issues concerning the stateless in Malaysia.
PIC COURTESY OF CENTHRA A discussion being held on issues concerning the stateless in Malaysia.

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