Lawyers for Liberty refers to the recent report that the National Registration Department (NRD) has seized the identity card of a 65-year-old woman in Sarawak suffering from cancer, which the Home Minister Saifuddin Nasution defended by claiming that the investigation showed the individual is an Indonesian citizen.
The seizure of the identity card of the individual was without a doubt an unlawful and unconstitutional act by the National Registration Department for which there can be no justification. Irrespective of whatever ‘investigation’ that purportedly was conducted on this case, the NRD has no authority to summarily confiscate anyone’s identity card. It is a serious abuse of power, as it is an act that deprives victims of their citizenship and their rights attached to it.
The Federal Constitution clearly stipulates there are procedures in place that must be complied with by the government if it intends to strip anyone of their citizenship.
Article 27 of the Constitution directs the government to give notice in writing to the person stating the reasons why their citizenship will be stripped and informing them they have a right to have the case referred to a committee of inquiry. If it is so referred, then an inquiry has to be conducted and a report made, which the federal government must consider before it decides to deprive anyone of their citizenship.
Above and beyond that, Article 26B states that no person shall be deprived of their citizenship if it results in their statelessness.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara, CIMB a/c 8004240948
- Make a pledge or schedule an auto donation to Aliran every month or every quarter
- Become an Aliran member
The fact that the home minister made no reference to such a process having been conducted means the government is defending a blatantly unconstitutional act by the NRD. The NRD itself has confirmed that the investigation is still ongoing, which logically means that the process under the Constitution has not even begun.
Thus, the individual retains her citizenship until nd unless an order for its deprivation is made in compliance with the Constitution; yet her identity card was taken away and her rights are now affected, most worrying of which was her right to get treatment for cancer at government hospitals. This could result in her death due to denial of treatment. [Note: It has since been clarified that she will not be denied medical treatment.]
The home minister has a duty to ensure that the NRD abides by the law, yet has opted to give out a callous remark, justifying an indefensible action to a woman who is literally dying and now made to suffer even more due to the actions of the NRD. It is nothing short of cruel and heartless.
We strongly urge the government to return the woman’s identity card to her as it is her right to hold it until and unless an order of deprivation of citizenship is made in compliance with the Constitution.
Furthermore, we also urge the government to immediately investigate and take action against anyone in the NRD implicated in the decision to confiscate the woman’s NRIC in flagrant disregard of the Constitution. – LFL
Zaid Malek is director of Lawyers for Liberty
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
