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| Tuan Abdul Rahman Bin Abdullah conducting the training session |
Registration of a birth and securing an identification card is an easy process if done on time and following the normal procedures. However when a family delays or is faced with some difficulties than we see complications especially if the family keeps delaying the process.
Today we are faced with so many difficult and complex cases were social workers and volunteers are finding it difficult to verifying the births and origins. Much of this is still based on ignorance and a lack of awareness. This is especially so for many older people who lived in estates or interior areas with very little education and now have migrated to towns.
However the problem continues even today largely due to ignorance and lack of awareness and in a number of cases there are major complications. Some are related to birth of a child to unwed parents or when there is an unregistered marriage between two Malaysians from two different religions (Hindu-Muslim) or an unregistered marriage between a Malaysian and non Malaysia partner (Indonesian or Filipino).
Training for volunteers at PJ-JPN
Yesterday (Feb 2, 2011) about 16 volunteers from MIC youth, MIC Selangor and Welfare society from Desra Menteri 2 including Hindu Sangam Athma program, attended a special session conducted by Tuan Abdul Rahman Bin Abdullah, the Registration Department officer for Petaling Jaya. It was a very informative and useful session for all who participated.
Tuan Abdul Rahman went step by step on the procedures and also illustrated when there were issues through specific cases. Lot and lots of questions were hurled at him by the volunteers but he remained calm and answered them them. He provided some simple notes as well as a sample of the key forms. From time to time he threw some Tamil words during his presentation so as to identify with the Tamil community.
Registering a Birth
Law requires a parent to register a birth within 14 days. They will have to fill Form LM01 which is given out free and it is very basic in its questions which one has to answer. If there is a delay up then between 15 to 42 days a same form is filled but there is a fine of RM5.00. However if it goes beyond 42 days then the process is more complicated as more supporting documents are required.
In Form LM01 the details required are:-
- Details on the new born with hospital/clinic verification of birth.
- Details on mother and father especially their citizenship and marriage status.
Late Birth Registration
In the case of beyond 42 days, one still has to fill Form LM01 however there are lots of supporting documents required. Among those required are:-
- Supporting document from mid wife who assisted delivery
- Supporting reference from local community leader
- Supporting reference of a witness of the birth
- Supporting reference from local school
- Family history and background
- Commission of oat document
It is at this level that complications can arise. However there are solutions to every issue and therefore we need to assist these families secure their documentations.
Listed below are some illustrations of the complexity of issues and possible responses. However this is not an official repose but thoughts acquired at the training session and therefore subject to Registration Department official’s verification.
Father neglects duty to register birth
After a baby is born the father does not want to go and do the registration as the mother is his second wife and they are not legally married. Mother can register the birth but the name of the father will not be included without his consent.
To prevent ‘cultural shame’ of being a child without a father’s name in the future, the fathers name is added to the child’s name without the term “son of or daughter of’ words. But the section on name of father will be left blank. Most often in school or in hospitals/clinics where the birth certificate is needed, the family matters will be known and if the staff do not practice confidentially then social stigma and shame impacts them negatively.
Marriage not legally registered
In addition even if the father without legal registration of marriage goes and registers the child that birth, is registered under section 13- birth outside marriage. While this is indicated in the birth certificate as a reference number only, most staff in hospitals and schools knows this reference. Once again the issue of social shame puts many in a vulnerable position
Unregistered married of couple from different religions
The case is further complicated if one of the partners is of another religion for example the father is a Hindu and mother a Muslim then the child registered will be regarded a Muslim. Some couples do not want to face the religious authorities and therefore avoid registration.
Unregistered marriage of couple and one is a foreigner
Another major issue is if the father is a Malaysian citizen but mother is a foreign citizen and if the marriage is not registered then the child can secure a birth certificate but the citizenship will be based on the mothers. The father can reapply for citizenship after a year but the marriage must be registered first.
Some of cases we are working on:-
Parit Bunatr Young girl - In Part Buntar we came across a young girl in there early 20s who has a BC with her name but no name of father. Her’s is a sad story. Her parents are not married and the mother is the second wife. When she was born the father refused to accept the girl child as his and therefore did not register her. The father died a few years ago.
Later though the assistance of local MIC leader they secured the birth certificate and now they are working on thee identification card. The Registration department has agreed to add the name of the father in her personal name so as to give her a family name. However in the birth certificate on the father’s name it will be left blank.
Karak Young girl. In Karak we met a young girl studying in Form Five and she is 19 years old. Her father is Malaysian Indian (Hindu) and the mother is an Indonesian citizen who is a Christian. The mother is the second wife and their marriage is unregistered. The girl has a birth certificate but recorded as non Malaysian citizen.
Subsequently the couple got legally registered (first wife passed away) and they are seeking the assistance of the Registration Department to change the citizenship status non citizen to Malaysian citizenship of their daughter. Taskforce is assisting this family.
Karak Young lady. In Karak a young lady of 23 years of age came with a little baby to the Mini Mesra Rakyat program. She fell in love with a man who came to their home town on Police orders of banishment (Buang Negeri). While her parents objected to their relationship the young lady ran off with him. After a while the man abused her physically and then sent her back. She told us she really thought he was a good man and that he loves her. Now she is seeking assistance for the documentation. She lives with her brother and his family and she is taping rubber trees in a small estate.
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| Some of the volunteers at the training session |
It is difficult to take a moral stand approach to these real life situations. The system of registration is to facilitate identification of the person. However for some the laws, procedures and administration of births and deaths, become a hurdle for them to realize their full potential as citizens.
It is in this context that we need to review these in order that social exclusion is minimized. An advisory centre on documentation with compassionate public officials handling the complex cases from a human dimension is urgently necessary. In many ways the best benchmark of effective service is addressing the concerns of the socially excluded from mainstream society.
At the same time there must be increased awareness of addressing the roots causes which impacts the family institution. Here is where religious institutions can really play a cutting edge role not only in strengthening the family unit but also addressing the root social and moral reform that is urgently needed.
While the rituals of religion has increased in Malaysian society across all the religious groups, however indicators of spirituality namely values have decreased.
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