children within 60 days of birth could possibly be fined or risk facing issues with getting
automatic citizenship for their children11.
Birth Certificate is a crucial document as it is a prerequisite for acquisition of the other
identity documents in Malaysia. The lack of birth registration makes it difficult for children
to prove that they have the relevant link to Malaysia as nationals. However, based on
DHRRA’s experience, not all parents know the significance of the birth certificate. Some put
off the registration of their children’s birth until their child reach school-going age and are
required to provide Birth Certificate to enrol into government schools. In such scenarios,
DHRRA, through its Community-based paralegals, provides assistance in applying for late
birth registration of the child. This, however, can prove a challenge as the births which are
not registered in time will lead to requirement of more documents to be submitted as proof of
authenticity, as reflected by the below scenario:.
“In 2015, DHRRA’s community based paralegal assisted a family of six siblings,
between the ages of one to nine, who did not have Birth Certificate despite both
their parents were Malaysians. The parents did not register the birth of the
siblings, and approached DHRRA when they could not enrol the eldest child to
school as he did not have a Birth Certificate. Further, the children’s birth
confirmation forms (Borang Pengesahan Kelahiran) were lost when their house
caught fire a few years earlier. DHRRA requested for reissuance of the children’s
proof of birth from the hospitals where they were born. As the eldest child was
born at home, the midwife had to be traced and contacted for reissuance of the
Surat Akuan Bidan (Certificate of Home Birth). The whole process of compiling
all necessary documents for late birth registration stretches for a period of two to
three weeks and the six siblings would not have been able to successfully obtain
their BCs without the persistent efforts and commitment of DHRRA’s community
paralegals.12”
However, the possession of Birth Certificate alone does not guarantee the holder
Malaysian citizenship. In fact, as a mean to prevent parents from assuming that their children
are automatic citizens with the issuance of Malaysian birth certificate13, effective from 1st
July 2011, the Home Ministry introduced different birth certificates for Malaysian citizens
and non-citizens, and consequently the NRD began issuing red birth certificate for children of
non-citizens.
The colored birth certificate system was introduced by the previous government in
2010 as a part of its National Key Result Area (NKRA) initiative to address children’s issues.
Prior to 2010, all the birth certificates issued by the NRD were green, regardless of the
citizenship status of the holder, with the only indication of a birth certificate belonging to a
foreigner was the phrase “Daftar Orang Asing” stamped on the document. The former Home
Minister Ahmad Zahid Hamidi endorsed the implementation of the colored birth certificate
11
Says.com. (2017) 9th June. Nandini Balakrishnan. Parents, Register Your Babies Immediately After Birth To Avoid
Citizenship Problems. [Online] Available at: https://says.com/my/news/register-your-newborns-immediately-after-birth-toavoid-citizenship-problems [Accessed 23 March 2020]
12 Adapted from Resolving Statelessness in Malaysia: Strategic Plan. (2017). Petaling Jaya: DHRRA Malaysia, p.27.
13 Malaysia Today. (2011) March 18th. Different birth certificates for M’sians and non-citizens from July 1. [online]
Available at: https://www.malaysia-today.net/2011/03/18/different-birth-certificates-for-msians-and-non-citizens-from-july1/ [Accessed 4 Nov. 2019].
DHRRA Malaysia Page 8 of 29