On selling MyKads to foreigners

COMMENT | Two weeks ago, the nation was rocked by the news of a syndicate in Penang that was involved in the issuance and sale of fraudulent birth certificates and MyKads to Chinese nationals, as well as falsification of birth documents.

What was most shocking was the alleged involvement of an officer from the National Registration Department (NRD) in the syndicate.

According to news reports, six people, including the state NRD assistant director, were charged in the Sessions Court. They face a total of 32 counts for various offences in connection with the issuance and sale of MyKads to foreigners.

All six accused were charged under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, while five were also charged under Section 466 of the Penal Code, read together with Section 109 of the Penal Code and Regulation 25(1)(i) of the National Registration Regulations 1990 respectively.

At the outset, it must be stressed that, like all accused persons, those charged in connection to the syndicate have the right to defend themselves. At this juncture, the prosecution needs to prove the crimes against them, and the law should be observed.

Yet, the revelation that there was a syndicate must be viewed seriously by all. The authorities must investigate this matter thoroughly, including whether such operations exist in other states as well. All those alleged to have been involved in the issuance, sale and falsifying of identity documents must be brought to justice.

Nationality is sacred and protected and citizenship is one of the great guarantees of our Federal Constitution.

It is not the government that grants us citizenship. The government does not have the prerogative to strip a citizen of his or her citizenship, unless according to the Constitution.

For the vast majority of Malaysians, who are Malaysians from birth, the government may only deprive citizenship if the citizen has acquired another citizenship or has exercised a right in another country which is exclusive to the citizens of that country.

There are thousands of people who face issues of citizenship and statelessness. Many have not been acknowledged as citizens, although they were born and have lived in this country their whole lives, simply because they do not have proper documentation.

Therefore, the act of issuing, selling and forging identity documents to non-Malaysians cannot be tolerated. Such acts are also profoundly insulting to the many individuals whose lives have been disrupted and affected by issues relating to citizenship and statelessness.

It was also reported that the NRD has introduced new security measures and rules following the exposure of the syndicate in Penang. Some of these measures are welcomed, yet there are those who may compound the issues of citizenship and statelessness.

My party colleague, Bandar Kuching Member of Parliament Dr Kelvin Yii, has urged the NRD to reconsider the latest regulation to halt late birth registration at NRD offices at the state level. Yii pointed out that there were many cases of people living in the interior and rural areas of Sarawak who face difficulties in travelling to towns to register the birth of their newborn babies.

We must ensure that identity documents will not be sold and issued for money again, yet at the same time, the security measures taken by the NRD should not result in ‘punishing’ Malaysian children who should rightly be acknowledged as citizens.

The right balance must be struck on the issue of citizenship.

SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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