©New Sunday Times
(Used by permission)
THE move to address the problem of "statelessness" among Malaysian–born Indians
has given hope to thousands who have felt "alienated" in the only country they
have ever known.
Many who did not know the magnitude of the problem are
surprised that up to 40,000 Indian children in Selangor alone do not have birth
certificates.
At the core of the issue is the failure to register births due to the refusal of
fathers to own up to siring the children.
Some parents also do not register children within the prescribed 14–day period
and do not do so after that due to unfounded fears of a large fine.
There was a huge sigh of relief among the community and the MIC when Prime
Minister Datuk Seri Dr Abdullah Ahmad Badawi recently instructed Home Affairs
Minister Datuk Seri Radzi Sheikh Ahmad to form a task force to address the
problem of "stateless" children.
This came in the wake of Selangor Menteri Besar Datuk Seri Dr
Mohd Khir Toyo's revelation of the startling extent of "stateless" children in
the state.
National Registration Department public relations officer Jainisah Mohd Noor,
explaining the department's policy on registration of births, said all births
were registered as long as there was proof that the child was born in Malaysia.
Verification of the birth could be done by the ketua kampung, a commissioner for
oaths or two witnesses.
"Even if the child's father cannot be traced, we will register the birth as long
as there is evidence that the child was born in Malaysia," Jainisah said.
No one is more pleased with Abdullah's announcement than Shelter Home executive
director James Nayagam, who sees an average of three "stateless" children a
week.
He was equally shocked by the menteri besar's figure which was double of that he
had estimated.
"I am thankful to the menteri besar for highlighting the issue. It restores my
confidence in the system. We have been fighting for years to get some kind of
identity for these children."
Nayagam, who sits on the Council for the Welfare and Protection of Children,
said giving the children proper identification documents would lift them out of
poverty and other social problems later.
"An adult without proper documents can't get a proper job or get married
legally. If he or she do get married and have children, chances are the
children's birth will not be registered.
"Without documents, the child can't go to school and he or she will end up
living off the streets. It becomes a vicious cycle."
Nayagam is concerned over the government's decision to stop issuing green ICs
since 2004.
This, he said, meant that thousands of abandoned children in orphanages would
have no proof of identity.
MIC Youth Social and Welfare bureau chief T. Mohan said the setting up of the
task force to look into the matter was timely.
The bureau's recent survey on four Tamil primary schools in Puchong revealed
that about 10 per cent of the 400 to 500 students did not have birth
certificates.
"And we have 500 Tamil primary schools in the country. And this does not include
those who have left school and those who have yet to go to school."
He said 99 per cent of the children were "stateless" because of the negligence
of their parents.
"In most cases, the children were born out of wedlock with the father refusing
to come forward to register the birth and abandoning the family.
"Some single mothers tried to register the child later and then gave up because
of the red tape involved, especially if the registration is done after 42 days.
"It can sometimes take a few years to get the registration done and many,
including the non–governmental organisations, give up after a while."
Beginning next month, Mohan said the bureau would visit each state and identify
those who needed help to apply for their identification documents.
Retired assistant director of the Social Welfare Department Vijayakumari Pillai
said the problem was more peculiar among the Indian community because of their
complacency towards the issue.
"Perhaps they have more pressing bread and butter issues to deal with that they
do not see the importance of documenting the child's birth until it is rather
late."
No resemblance means no citizenship for adopted child
SANDRA Monteiro was born in Mentakab, Pahang, to Malaysian parents 30 years ago.
When she turned 12, the dark–skinned woman, who was adopted
by a Eurasian father and Chinese mother, became "stateless".
The reason? She did not look like her adoptive parents.
"The officer at the National Registration Department (NRD) took one look at me
and said since my birth certificate bore the name of a Chinese woman as my
mother and because she was 54 years old then, she could not be my real mother."
Apparently, her parents had presented her as their own child when registering
her birth.
As there was no way her adoptive father, Eric Esme Monteiro,
could produce adoption papers, Sandra was given a green identity card (normally
issued to foreigners living in the country) and told to apply for citizenship
later.
When she turned 17, Sandra applied for citizenship only to have her application
rejected a year later, without reason.
"I re–applied for citizenship again in 1997. My father and I had gone in an out
of the NRD and Home Ministry offices countless times over the last 13 years to
get them to restore my Malaysian citizenship," she said.
"My father has since passed away and I am still told that my application is
'being processed'."
Strangely, while Sandra's original birth certificate bears the particulars of
her adoptive parents, an extract of her birth certificate, which was issued by
the NRD in September 2005, only bears her name, date and place of birth.
The words tiada diperolehi (not available) and tidak berkenaan (not relevant)
appear in the spaces where her parents' particulars ought to be. Sandra had to
obtain the extract after she lost her wallet containing her green IC and driving
licence to a snatch thief.
"My green IC helped me through school but now that I have a temporary IC and no
proof of citizenship, I cannot secure a permanent job, nor can I take a loan or
do anything which requires proof of identity. I was born and bred here yet I am
stateless."
In the case of 7–year–old L. Ste–ven, ignorance on the part of his parents in
not registering his birth is depriving him of an education.
"He yearns to go to school like other children but when I tried to enrol him at
a nearby Tamil school (in Selangor), it was rejected because I could not produce
his birth certificate," said his mother, M. Mahes, a 46–year–old contract worker
who is without identification documents herself.
Electrician Tew Su Chuan was adopted 20 years ago in Alor Star, where he was
born.
Today, he holds permanent resident status despite having a valid birth
certificate.
He said the MyKad issued to him five years ago stated that he was a permanent
resident.
"They (NRD) took my birth certificate and issued a piece of paper stating that I
was adopted.
"When I asked them about my citizenship, the answer was that it was being
processed."
His birth certificate stated that he was born at Klinik Ooi in Alor Star on Feb
22, 1988, with the birth registered at the Alor Star police station on Feb 29
the same year.