Demands The Resignation of Home Minister and Deputy Home Minister For Inhumane Stance and Negelect on Statelessness Issue

Demands The Resignation of Home Minister and Deputy Home Minister For Inhumane Stance and Negelect on Statelessness Issue

Former stateless individual response to the statements made by the Deputy Home Minister in the Special Chambers of Parliament on 28th February 2024, addressing questions raised by YB Kesavan Subramaniam, Member of Parliament for Sungai Siput, regarding the pressing issue of statelessness in Malaysia, it is with profound disappointment and grave concern that I address the lack of humane consideration and the apparent reluctance of the Home Ministry to tackle the issue head-on.

The responses provided, devoid of empathy and understanding, showcase a disturbing neglect for the human rights of the stateless, particularly children born out of wedlock and individuals without clear pathways to citizenship. The Deputy Home Minister’s comments reflect a startling disregard for the hardships endured by stateless individuals, treating their plight as mere words rather than acknowledging the severe impact on human lives.

Given the Home Ministry’s proposal to amend the Federal Constitution in a manner that exacerbates the issue of statelessness by removing established safeguards is not only regressive but also indicative of a dangerous departure from the principles of humanity and justice. This amendment seeks to consolidate power within the executive branch, effectively stripping away any semblance of a safeguard against statelessness and leaving countless individuals in limbo, without nationality, identity, or rights.

The ministry’s focus on “national security” as a pretext to deny citizenship to children and youths is a baseless and harmful narrative. It is a well-documented fact that denying individuals their basic rights and forcing them into a state of invisibility only serves to undermine national security. By refusing to acknowledge the economic and developmental impact of statelessness, as highlighted by Subang MP Wong Chen’s 2019 paper on the productivity loss due to denied or delayed citizenship applications, the Home Ministry demonstrates a willful ignorance of the broader implications of this crisis.

The assertion that the awarding of citizenship is an exclusive right of the government, to be granted sparingly and at their discretion, is a misinterpretation of the government’s duty to its people. Citizenship is not a reward but a fundamental right. The suggestion that the onus lies solely on the parents to complete documentation is a blatant abdication of the government’s responsibility to provide accessible solutions for its stateless population.

It is deeply troubling that the Home Ministry denies the existence of stateless individuals within Malaysia’s borders, ignoring the urgent calls from civil society organizations and international bodies like UNHCR for the adoption of a Stateless Determination Procedure. The lack of such a procedure and the ministry’s reluctance to issue identification documents like MyKAS further illustrate a systemic failure to address this issue.

The recent statements from the minister starkly illuminate a concerning gap in understanding both the intricate realities of statelessness and the fundamental human rights principles at play. It is profoundly troubling to witness such a disconnect at the highest levels of governance, where the minister appears to lack a comprehensive grasp of how statelessness affects individuals and fails to recognize citizenship as a basic human right that should never be arbitrarily denied. This gap in understanding is further exacerbated by the minister’s inclination to place the burden of resolving statelessness on the shoulders of the parents of stateless children and youth. By suggesting that it is solely their responsibility to complete the necessary documentation, the minister not only abdicates the government’s duty to provide support and solutions for its most vulnerable citizens but also reveals a troubling willingness to shift blame rather than addressing the systemic barriers that perpetuate statelessness.

Moreover, the suggestion that individuals over the age of 21 should pursue a ‘naturalization process’—often contingent upon obtaining documentation from a birth mother who may be untraceable—demonstrates a lack of practical understanding of the challenges faced by stateless persons. The advice to apply for MyKAS from the JPN, despite well-known reluctance from the department to issue such identification, highlights a disconnect between the proposed solutions and the reality of their implementation. The pathway from MyKAS to MyPR and eventually MyKAD, as outlined by the minister, is fraught with insurmountable obstacles for stateless individuals, including the requirement of an ‘Original Passport’ and a ‘Permit Masuk’, prerequisites that are impossible for someone without a country to fulfill. This not only showcases a superficial understanding of the issue but also underscores the urgent need for informed, compassionate leadership that seeks to genuinely understand and address the complexities of statelessness.

As someone who has endured statelessness for two decades, I stand as a living testament to the pain and struggle faced by those without a country to call home. The Deputy Home Minister’s inhumane and politically unmotivated statements, coupled with the Home Ministry’s lack of will to address statelessness from a humanitarian perspective, are unacceptable.

The push for a regressive amendment that threatens to worsen the situation by removing essential safeguards against statelessness is a clear indication that the current leadership of the Home Ministry lacks the compassion, understanding, and political will necessary to resolve this crisis.

I call for the immediate resignation of the Home Minister and Deputy Home Minister. Only through accountable leadership, committed to the principles of human rights and dignity, can we hope to address the profound injustices faced by Malaysia’s stateless population.

I urgently call upon all Members of Parliament to be humane and accountable to the people they serve by firmly pushing back against the regressive amendment proposed by the Home Ministry. It is imperative that we uphold the integrity of our constitution and protect the human rights of every individual, ensuring no one is left stateless in our nation.

1st of March 2024