Law or policy reform enabling acquisition of nationality by registration
For generations, these communities resided predominantly in and around rubber
estates within Selangor, Perak, Kedah and Negeri Sembilan. After Malaysia gained
independence in 1957, the Malaysian Federal Constitution came into force which entitled
these communities to citizenship.34 However, many persons of Indian-Tamil origin did
not register for citizenship due to the isolated nature of the plantations, illiteracy and
lack of awareness of the importance of obtaining documentation.35 Critically, persons of
Indian-Tamil origin living in the estates often did not register their children’s births as the
plantations were in essence self-contained communities and there was little reason for
them to venture out of the plantations.
On the rubber estates, which were classified as private property, children attended
Tamil primary schools and adults worked in an informal context where identity cards
and birth certificates were not required.36 Between 1980 and 2000, large numbers of
the community were internally displaced after closure of the rubber plantations and the
implementation of the Government’s rapid industrialization programs. During this period,
many faced significant challenges to access public services, such as schooling and birth
registration, due to their lack of proof of Malaysian nationality and birth documentation.37
Obstacles to applying for identity documents included difficulty communicating
effectively with government officers due to language barriers, and lack of understanding
of the procedures and requirements.38
Malaysian nationality law provides for citizenship through a number of routes. Under the
Constitution, individuals born in the country before 16 September 1963 (Malaysia Day)
automatically acquire Malaysian citizenship.39 The Federal Constitution also provides
for acquisition of nationality by registration (for individuals under the age of 21)40 and by
naturalization (for individuals over the age of 21 who meet the relevant criteria).41
34
35
36
37
38
39
40
41
36
Federal Constitution, as at 1 November 2010, available at: https://www.wipo.int/edocs/lexdocs/laws/en/my/my063en.pdf
Center for Public Policy Studies, The case for low income Malaysian Indians, undated, p. 10, available at:
http://cpps.org.my/wp-content/uploads/2017/10/Low-Income-Malaysian-Indians-9MP-Recommendations.pdf
Ibid, page 10
Ibid, page 10
Ibid, page 10
Federal Constitution of Malaysia, Art. 14(1), available at: http://www.agc.gov.my/agcportal/index.php?r=portal2/left&menu_
id=dDI5alZpOWFtcGl5MnZ5M1dtT1NNZz09
Federal Constitution of Malaysia, Article 15
Federal Constitution of Malaysia, Article 19
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