Malaysia

NRD has no right to decide interracial people’s ethnicity, experts say

Amendments should be made in cases where race stated in identity documents altered without consent

Updated 5 years ago · Published on 02 Apr 2021 7:00AM

NRD has no right to decide interracial people’s ethnicity, experts say
Particulars on race are to be provided by the applicant or their parents when applying for a MyKad or birth certificate, says lawyer Haijan Omar. – The Vibes file pic, April 2, 2021

by A. Azim Idris

KUALA LUMPUR – The National Registration Department (NRD) cannot arbitrarily alter the stipulated race of a person born to parents of different ethnicities, said experts. 

In fact, they said, the department should make the appropriate amendments in cases where it changed the stated race of individuals without their approval, whether wrongfully or mistakenly.

Lawyer Haijan Omar said it is up to the applicant or their parents to provide the particulars on race when applying for a MyKad or birth certificate.

This is provided for in Regulation 4 of the National Registration Regulations 1990, he told The Vibes.

“Hence, it’s not for NRD to unilaterally choose which race ‘suits’ a child born to interracial parents.

“In any event, any corrections to be made must forthwith be applied to NRD for changes.”

Haijan was responding to the plight of a couple, whose two children are listed as “Indian” in their updated identity documents, despite them being registered as “Dusun” in their birth certificates.

Lawyer Haijan Omar says NRD cannot unilaterally choose which race ‘suits’ a child born to interracial parents. – File pic, April 2, 2021
Lawyer Haijan Omar says NRD cannot unilaterally choose which race ‘suits’ a child born to interracial parents. – File pic, April 2, 2021

Last month, Joachim Thayalan, who is of Indian descent, and his Dusun wife Elizabeth Joseph were registering their eldest child for school via the Education Ministry’s online system when they found that it listed the boy’s race as Indian.

The same happened with their second son, whom they were enrolling in preschool.

When he contacted the ministry, Joachim was told that it received the particulars from NRD via the automatic transmission of data for prospective students. 

He was also made to understand that the ministry is unable to revert the listed race of his sons as the information came directly from the department.

Elizabeth lodged a police report on the matter on March 3.

The original details contained in one’s birth certificate are proof of the document holder’s racial identity, says Suhakam’s Jerald Joseph. – Jerald Joseph Facebook pic, April 2, 2021
The original details contained in one’s birth certificate are proof of the document holder’s racial identity, says Suhakam’s Jerald Joseph. – Jerald Joseph Facebook pic, April 2, 2021

On the family’s predicament, Malaysian Human Rights Commission commissioner Jerald Joseph said NRD should not change anyone’s ethnicity on their identity documents as the matter is determined at birth.

“NRD should not do anything (to change someone’s race) arbitrarily, as it’s the parents who decide the ethnic identity (of their children) at birth.

“In this instance, the Education Ministry and NRD must explain to the parents how this happened. If it was a mistake, they should remedy it immediately.”

The issue becomes “perplexing” if the department finds that it is not due to a blunder, he said.

“I believe NRD has the original details of the birth certificate, and that would be proof of the original identity of the children.” – The Vibes, April 2, 2021

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