'Merdeka baby' hopes for ‘independence’ through citizenship status

Born on Aug 31, 2002, to a Malaysian father and a mother said to be from Sabah, “Merdeka baby” Muhammad Omar Mokhtar Abdul Rahman is not giving up on his own struggle for “independence”.

Omar was rendered “stateless” at the age of 12 when his father, Abdul Rahman and aunt, Jamaliah, tried to apply for a MyKid and the National Registration Department (NRD) raised questions over the status of his biological mother's citizenship.

While Omar's parents' marriage was not registered, Lawyers for Liberty (LFL) adviser Latheefa Koya, who is assisting the 20-year-old in his citizenship application process, said he was born at the Kajang Hospital and issued a birth certificate with details of both parents as provided at the time.

"But at the age of 12, when he tried to get his IC (MyKid) just like anyone else would do, the NRD checked and they said the IC provided under the mother's detail is suspect.

"Because of that, they interviewed his father. By that time, Omar's parents were already separated and his (birth) mother could not be traced," said Latheefa at a press conference with Omar and his family today.

"His father could not provide the NRD with a marriage certificate. So, they insisted they must take away Omar's citizenship. That is when the nightmare began," she said.

Latheefa said the reasons for NRD to question the status of Omar's mother's MyKad details were unclear, including she could have been issued a "fake document" which is a common problem in Sabah.

A year later, Latheefa said Omar was formally adopted by his father's sister, under Article 15A of the Federal Constitution, on the advise of the NRD so that he could attend government school as a foreign student.

With no formal identification documents, Omar said he has no hope of pursuing his dreams to become a teacher despite obtaining stellar results in all major examinations, including STPM.

Throughout his schooling years, Omar said he was greatly assisted by teachers who exercised their discretion in overcoming bureaucratic hurdles due to his citizenship status.

"I realise that my chance to enter university is slim compared to others but I hope for discretion from those in power to expedite the process.

"Right now, I'm working part-time in Sungai Petani. I also needed the discretion to work...without a MyKad. I have problems opening a bank account and so my salary must be paid in cash," said Omar.

He added that his movements are also limited as he was unable to apply for a driving license.

The SMK Kubor Panjang STPM top scorer had caught LFL's attention after he tweeted about his situation, pending a response from the NRD since a request for additional supporting documents was made in August, 2019.

Omar said he was, at the time, in the midst of preparing to sit for his STPM and harboured hope that a decision would be made so he could further his higher education at a teacher's training college.

Child rights activist Hartini Zainuddin, who was present at LFL's office in Petaling Jaya, described Omar as a special person with big dreams, unlike many other stateless children who are often left with little hope for their future.

"He's special. He's the one tutoring his friends. All of them got 3.0 and above in their STPM.

"Each one of them got into university but he was left behind. There is no reason for this to happen," said Hartini.

'Government playing God'

Commenting further, Latheefa said the government should exercise its powers under Article 15(A) of the Federal Constitution to not only approve Omar's citizenship application but also a list of other similar cases handled by LFL, the longest of which had been pending a decision for 13 years.

"This has been going on for so long. We have been trying, we have been pleading, we have been appealing, we have written letters to the Home Ministry to resolve these issues, and yet we believe that they are ‘playing God’.

"They are not only not considering the cases but it also gives the impression that they are 'playing God' because they just give citizenship to whomever they like, without considering the rest, and they did not give them a solution," she said.

As for successful applications, Latheefa said out of 20 cases handled by LFL, only one approval was obtained from the NRD in the last two years.

Article 15(A) states that the government may cause any person under the age of twenty-one (21) years to be registered as a citizen in such special circumstances as it thinks fit.

Such applications must be made by the parent or guardian who is relative to the person to be registered.

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