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Monday, November 17, 2014

Orang Asal key to fate of illegals in Sabah

The Federal Government would not be able to resolve the issue of illegal immigrants in Sabah unless the Orang Asal agree that amnesty can be offered.
COMMENT
oral asal rci2Prime Minister Najib Abdul Razak pledged in Sabah during a two-day visit that the stateless children of foreigners in Sabah will not be given local birth certificates, but special documents in a different colour i.e. not green as in birth certificates for citizens, and they certainly will not be getting citizenship.
It’s unclear on what basis Najib was making these statements besides, taking the cue from Borneo nationalists, and playing to the gallery in Sabah. It won’t be surprising if he does a complete about turn once back in Putrajaya. It’s not for nothing that he’s known as a flip-flopper.
It was Home Minister Ahmad Zahid Hamidi who first announced recently that local birth certificates for the stateless children of foreigners was recommended by the Royal Commission of Inquiry (RCI) Report. He has been roundly criticized by both sides of the political divide and could only issue impotent threats against those “politicizing the issue”. Deputy Chief Minister and Huguan Siou Joseph Pairin Kitingan led the pack baying for blood.
The National Registration Department (NRD) has in fact since clarified that everyone born in Malaysia is entitled to a birth certificate and that foreigners get one in pink. This announcement does not seem to have registered.
One can politicize the issue of illegals in the manner it’s being done in Sabah but it’s not a practical solution.
Also, it’s a violation of human rights.
We must keep in mind that we are dealing with fellow human beings. We cannot continue to criminalize, demonize, dehumanize them and/or treat them even worse than animals. Even animals have rights.
We need to take a humanitarian approach in resolving the issue. Hopefully, the Sabah Committee on the RCI Report headed by Pairin would keep this in mind. Najib has said that Pairin would head the Committee.
The best strategy, under the humanitarian approach, would be to offer the illegals amnesty. It would indeed be surprising if amnesty is not among the recommendations in the RCI Report.
Those who accept the amnesty offer must report at the nearest police station and surrender their Malaysian documents i.e. if they have any. Under the Federal and Sabah Constitutions, they are not entitled to keep these since they are not eligible to get them.
It goes without saying that they must be removed from the electoral rolls if they are listed there. The Elections Commission has in the past always trotted out the lame excuse that it was not possible to weed out those with dubious MyKads since it isn’t hooked up to the NRD database. However, Sabahans know Sabahans.
Those who accept amnesty can be given a certificate of identity issued by the NRD upon the recommendation of the police and a special pass issued to them by the Immigration Department. They have to be blacklisted in the police and immigration records, to deter others and discourage them, but should not be classified as criminals.
If they are working, they should apply for entry permits and work permits.
Their children can be offered places in local schools subject to them securing student visas.
Under the amnesty programme, they would not be eligible to apply for citizenship.
However, there’s no reason why they cannot subsequently apply for temporary residence (green MyKads), permanent residence (red MyKads) and citizenship (blue cards) if they meet the requirements in the Federal Constitution. Here, this refers more to those married to locals and have children.
In any case, the grant of citizenship to illegals, if they continue to stay in Sabah, must be on the basis that their continued presence must not neutralize, marginalize and disenfranchise the Orang Asal. Orang Asal is a term that refers to Kadazans, Dusuns and Muruts only i.e. those who have NCR (Native Customary Rights).
The Federal Government would not be able to resolve the issue of illegal immigrants in Sabah unless the Orang Asal agree that amnesty can be offered to a people who for so long have been the bane of their existence.

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