One thing about Malaysian's is they seem to have a very poor understanding of the concept of citizenship. We've seen calls to revoke the citizenship of (amongst others)
Ibrahim Ali,
Wee Meng Chee @ Namewee,
Ambiga Sreenivasan,
Raja Petra Kamarudin, heck, even
the whole Indian community in Malaysia.
But no one seems to have asked: can you revoke the citizenship of a Malaysian?
Can you?
Part 1: The concept of Malaysian citizenship
Malaysian citizenship is regulated by, surprise surprise, the Malaysian Federal Constitution. Specifically,
Part 3 of the Constitution. There are 2 ways of obtaining Malaysian citizenship: by descent and naturalisation.
Obtaining Malaysian citizenship by naturalisation is almost impossible in Malaysia. There are people who, having married a foreign spouse for more than a decade, are still waiting for Permanent Residency so they can stop going to the immigration office every 3 months, never mind citizenship.
On the other end are those who are born and have only known Malaysia, but for the fact
they do not have documents, or are
not aware of the importance of documentation, they are effectively stateless in Malaysia. Justice Abdul Rahman Sebli noted as much in the case of
Yong Lee Hua @ Piang Lin v Sabah Director of National Registration (suit no.
K21-29-2008) when he said:
It is common knowledge that there are citizens, particularly those in the rural and deep interiors of Sabah and Sarawak, who do not possess any birth certificate. Documentation is a concept that is alien to them. To demand that they produce their birth certificates before they can be considered as citizens would be to perpetrate a grave injustice.
For the vast majority of Malaysians, citizenship comes by descent. How this operates has been well summarised by
this amazing powerpoint presentation. See slides 90 - 100. I will not attempt to reinvent the wheel. Suffice to say
if one is born to Malaysian parents, he or she will have Malaysian citizenship.
I think it is a fair assumption that Ibrahim Ali/Wee Meng Chee @ Namewee/Ambiga Sreenivasan/Raja Petra Kamarudin are Malaysians by birth, and axiomatically, Malaysians by descent.
Part 2: The termination of Malaysian citizenship
As anyone who paid any form of attention in secondary school knows, the easiest way to loose Malaysian citizenship is to take up the citizenship of another country. Malaysia does not recognise dual citizenship. In fact, the Malaysian High Commission in Canberra actually
has a section for those who want to renounce their citizenship, presumably after they have adopted Australian citizenship.
The legal mechanism for revoking Malaysian citizenship is set out in
Article 23 - 28 of the Constitution. In summary, the only way for Malaysian citizenship to be terminated is if the individual voluntarily renounces it, or if the Federal government discovers that a Malaysian has exercised the rights accorded only exclusively to citizens of another country (such as voting).
Being a permanent resident of a country does not equal citizenship. A person who holds Australian Permanent Residency is not entitled to vote in elections or work with the Australian Federal government level. Similarly, a person who has Malaysian Permanent Residency only has the safety of not being arrested during immigration raids. Malaysian Permanent Residents cannot vote, cannot work in any level of government (Federal, State of Local), have limited access to public healthcare, and lack a host of rights Malaysian citizens take for granted.
There is no evidence that Ibrahim Ali/Wee Meng Chee @ Namewee/Ambiga Sreenivasan/Raja Petra Kamarudin have taken up citizenship of another country. Wee Meng Chee may spend a fair amount of time in Taiwan (like so many other Malaysians, like Tsai Min Liang and Nicholas Teo), but there is no indication that he has taken up Taiwanese citizenship. (And he would be mad to do so. Say what you will of the Malaysian passport, its heaps better than the Taiwanese passport,
officially recognised by 23 countries only)
Part 3: But what about Article 25?
Ah ha! Some may point out to Article 25 (1)(a), which says: "
The Federal Government may by order deprive of his citizenship any person [..] that he has shown himself by act or speech to be disloyal or disaffected towards the Federation". I can almost hear the shrill cries of Ibrahim Ali/Wee Meng Chee @ Namewee/Ambiga Sreenivasan/Raja Petra Kamarudin being accused of a traitor to the nation and should be banished from Malaysia.
Upon closer examination however, would show that these people clearly can't read. Article 25 (1) in full states: "The Federal Government may by order deprive of his citizenship any person who is
a citizen by registration under Article 16A or 17 or
a citizen by naturalisation if satisfied [..]" (my emphasis)
In short, the only way someone "show[ing] himself by act or speech to be disloyal or disaffected towards the Federation [of Malaysia]" can have their citizenship revoked
is if they were naturalised Malaysians. As mentioned, Ibrahim Ali/Wee Meng Chee @ Namewee/Ambiga Sreenivasan/Raja Petra Kamarudin are NOT known to be naturalised citizens of Malaysia.
Part 3: Tearing up the rule book
Let's assume, hypothetically, the Malaysian government decides to tear up the rule book. The birth certificates, passports and national registration identification cards of Ibrahim Ali/Wee Meng Chee @ Namewee/Ambiga Sreenivasan/Raja Petra Kamarudin are taken, destroyed and burnt. Then what?
They're still physically in Malaysia. Legally the immigration department can pack them off to the
Lenggeng detention centre, but as
poor as the conditions are, the tax payer still has to fork out money to
keep them in, feed them, and deal with them.
Its all right thinking they can pack Wee Meng Chee and Ambiga Sreenivasan on the next flight to China and India respectively, but will these countries accept them? China wouldn't, having adopted a policy of "encouraging" the Chinese diaspora to adopt the citizenship of the territory they are in. (They have too many people as it is, never mind taking in crass, barbaric, bourgeois second rate Samaritans from Nanyang) India may even deny the plane to land on Indian territory, forcing the flight (and very disgruntled passengers) to turn around.
And what about Ibrahim Ali/Raja Petra Kamarudin? Where are you going to pack them off to?
Frankly, it is easier to keep them as legal citizens, paying taxes, contributing to society, not being a drain on the public purse by having their own health insurance, than having to chase after them every time there is a
breakout at Lenggeng. And I haven't gotten into how much propaganda value there would be by third parties (Chinese culturalists, Malay nationalists, meddling Western powers, the Christian Right) should any one of them be stateless.
It is also against International Law, as the easiest way to create a refugee is for
someone to be stateless. If Malaysia wants to be a good citizen of the world (and by and large, they are), it has to accept and take responsibility for those whom it decides to call its subjects. And overall, it has done so. Despite the whole "balik Tongsan" rhetoric, it
accepted convicted murderer Phillip Choon Tee Lim back in Malaysia, and let him
fade back to the shadows.
Conclusion: We're stuck with them
For better for worst, we're stuck with fellow Malaysians. We have no choice but to put up with the antics of Ibrahim Ali, the foul mouth of Wee Meng Chee, the games of Raja Petra Kamarudin, and Ambiga Sreenivasan's manipulation.
Now only if Penang Gerakan leader Baljit Singh, Malay Unity Action Body sponsor Osman Abu Bakar, Malacca Chief Minister Mohammad Ali Rustam, Cheras Umno division chairman Syed Ali Alhabshee, and former aide to Prime Minister Najib Razak Nasir Safar, will get the memo.