KUALA LUMPUR – The Malaysian citizenship granted to England-born footballer Lee Tuck, 34, on National Day might not have been awarded according to relevant federal constitution provisions, according to legal opinions.
Speaking to The Vibes, family and child’s rights lawyer Goh Siu Lin queried how the decision had received approval from higher authorities – seeing that the “arbitrary” call by the Home Ministry might not be aligned with Article 19 of the federal constitution.
Article 19(3) provides, among others, that the government may grant citizenship to a person above 21 years of age if satisfied that he has resided in the country for the required period of 10 years, is of good character, and has adequate knowledge of the Malay language.
Stressing the need for clear guidelines, full transparency and accountability over how the ministry’s discretion was employed, Goh said that it remains unclear whether the minimum 10-year residence requirement was fulfilled along with other conditions stated in Article 19.
The decision (to grant citizenship to Tuck) seems arbitrary and might possibly contradict the constitution…ministerial discretion was perhaps not exercised in accordance with constitutional guidelines.
“The home minister’s (Datuk Seri Hamzah Zainuddin) discretionary power (to award citizenship) must be exercised in accordance with the law,” she said, adding that it is vital for the government to avoid the perception of there being “favouritism” when implementing laws.
Based on checks by The Vibes on the National Registration Department’s website – which outlines requirements for citizenship application – submissions by those above 21 years old are subject to dictates under Section 19 of the federal constitution.
It is believed that Tuck, who is a midfielder for the Pahang state football team, has been playing in the Malaysia League (M-League) since only 2017, which would leave him five years short of the necessary time period to be conferred citizenship status.
Echoing Goh, Human Rights Commission of Malaysia (Suhakam) commissioner and law professor Datuk Noor Aziah Mohd Awal asserted that there are elements of “unfairness” in the citizenship award as Tuck might not have fulfilled the requisite stipulations.
Referencing the long-standing battle for Malaysian mothers with foreign spouses to obtain citizenship for their children born abroad and locally, the law professor pointed out the apparent double standards in conferring citizenship status, albeit under a different section of the constitution.
Many local mothers have faced difficulties when applying for their children to be Malaysian citizens through Article 15 of the constitution.
“These are children born to local citizens. Why are (the citizenship applications by) foreigners expedited while these children are denied their rights?” she questioned.
While Malaysian fathers are automatically given the right to confer citizenship to their children born abroad by registering the child under Article 14(1)(b) of the constitution, Malaysian women who give birth abroad must apply for Malaysian citizenship under Article 15(2).
The Malaysian government will then decide whether to register any person – aged below 21 and who has at least one Malaysian parent – as a Malaysian citizen under the latter article.
Reports on the injustices faced by such families have received extensive media coverage.
Recently, The Vibes reported how stateless children in Malaysia have been in limbo for years on end, waiting for the day the country they were born in will recognise them as citizens.
Besides that, Klang MP Charles Santiago disclosed to The Vibes that he will be writing a letter to Hamzah soon requesting an explanation on the basis on which Tuck’s citizenship was awarded.
“Based on the response (given by Hamzah) within a week or so, I will consider challenging the citizenship granted,” he said, adding that the ostensible hypocrisy surrounding citizenship issues must be resolved at the highest level of government.
Mothers up in arms, football stakeholder laments insistence on naturalisation programme
Meanwhile, mothers part of the non-governmental organisation Family Frontiers – which has been consistently fighting for constitutional amendments to ensure equality for Malaysian mothers – also shared with The Vibes their disappointment and indignation over Tuck being awarded citizenship.
For Priscilla Collar, a local single mother with two young daughters, the news was yet another blow to contend with on top of the stress she has faced for the past eight years because of red tape when striving to secure citizenship for her children.
“It is frustrating that footballers get citizenship while there is no help for single mothers like me who are trying to secure Malaysian legal status for my children,” she lamented, noting that her struggle with cancer has only exacerbated the pressure she is under.
She also bemoaned how the discrimination faced by Malaysian mothers under the current laws has left her living in fear over whether her daughters will be able to live fulfilling lives if something untoward were to happen to her.
Expressing similar sentiments, Shamila Unnikrishnan took the government to task over the evident favouring of a foreigner over Malaysian mothers, emphasising that affected mothers are only demanding equality in the eyes of the law.
If you (the government) can extend citizenship to foreigners on the strength of their skill, why would you deny Malaysian women their right to confer citizenship on to their children?” she pressed.
Mothers are not the only ones that have a bone to pick with Tuck’s new citizenship status as local football consultant E.R. Subramaniam reiterated to The Vibes that the naturalisation process insisted on by the Malaysian Football Association (FAM) is “unnecessary”.
He indicated that no naturalised football player has ever brought glory to the country, with the nation’s football scene instead “digressing” from its former status as a threat to other competing nations such as Japan and other countries.
“Instead, the naturalisation process has only managed to sideline and put off the aspirations of many young budding talents who are discouraged by how foreigners are given precedence over local footballers,” he said.
He also highlighted that foreigners might not have the patriotic push to perform for the nation’s benefit as they are instead motivated by the financial benefits of their deal.
“There are countless people who have been waiting in line and even died before getting their citizenship, but players brought in by FAM are easily given citizenship status.
What message are we sending? That just because they are ‘Mat Sallehs’ (white foreigners) then they are better than our local players?” he questioned.
This is not the first time Malaysia’s naturalisation initiative has come under fire as national football legend Datuk Santokh Singh had previously criticised the programme as being “stupid” since the country has an abundance of talented local players. – The Vibes, September 6, 2022
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