AN URGENT APPEAL TO UPHOLD THE RIGHTS OF CHILDREN
Unite the Mutalib Family!
Background
Four siblings namely Maruly Aziz Bin Abd Mutalib, Sarah Nor Varah Binti Abd Mutalib, Yonatan Adam Fauzi Bin Abd Mutalib and Ismael Syah Putra are being separated from their father and in a few months from their mother. Their father was arbitrarily deported to Indonesia for unexplained reasons by the Malaysian Government. Their mother who resides in Malaysia by virtue of Spouse visa will also be forced to leave Malaysia. The siblings will be forced to relocate to a foreign nation and will be in danger of being
stateless.
The four siblings have lived all their lives in Malaysia. Their father, Abdul Mutalib, came to Malaysia in 1978 and legally applied for an identity card in the 1980's. Abdul Mutalib was able to obtain a valid identity card with a "Permanent Resident" status from the National Registration department of Malaysia.
In 2000, he once again applied for the new version of the identity card and was granted
by the National Registration Department. In 2004 he applied for and was issued the "Mykad" (being the new form of the Malaysian Identity Card) by the National Registration Department. A recent search done at the National Registration Department in April 8, 2005 disclosed that Abdul Mutallibs's identity card was valid and active.
In March 15, 2005 Abdul Mutalib accompanied his child Maruly Aziz to National Registration Department to apply for an identity card. The officers of the Department requested him to come back on March 23, 2005 to bring along additional requirement for his child's identity card.
Abdul Mutalib was arrested in March 23, 2005 while applying for his son's identity card at the National Registration Department (NRD) in Sepang. While being detained at the Kuala Lumpur International Airport Immigration depot, the father of four was shown several orders, declarations and notices pertaining to the alleged revocation of his permanent resident status in 1996.
Five appeals were submitted by Abdul Mutalib to the SUHAKAM, Bar Council, the Home Minister and the Prime Minister but there have been no response from the Authorities and or the Minister.
Facts
The United Nations Convention on the Rights of the Child in which Malaysia is a signatory states that:
"The child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection before as well as after birth . . ."; (Preamble)
”In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law administrative authorities or legislative bodies, the rights of the child shall be a primary consideration”; (Article 3)
”States Parties undertake to ensure that the child such protection and care as is necessary for his or her well being, taking into account the rights and duties of his or her parents . . .”; (Article 3)
”The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible the right to know and be cared for by his or her parents”; (Article 7)
”States Parties shall ensure that a child shall not be separated from his or her parents against their will . . .”; (Article 9)
”State parties shall respect the rights and duties of the parents and, when applicable legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.” (Article 14)
In the case of the Mutalib siblings they were arbitrarily separated from their father and no due process was awarded to their father to determine the cause of his deportation. The Government gave vague explanations to the siblings and their mother.
All four of the Children are Malaysian Citizens and this is most clear from the Malaysian Passports issued to all four of the Children in October 21, 2003. Their passports clearly state that they are "Warganegara: Malaysia". It should be noted that the passports were issued by the Immigration Department and when it comes to the application of passport of the children parents are the ones who apply for their children's passports in this case Abdul Mutalib and his wife.
As a signatory to the UN Convention on the Rights of the Child, we would like to appeal to the Malaysian Government to:
- Look into the best interest of the children of Abdul Mutalib and allow them to be united with their parents;
- Take into account the rights of Abdul Mutalib as legal guardian of his children to defend himself in court;
- Respect the rights of the children to citizenship through their parents and allow the Mutalib family to reside in Malaysia as Malaysian Citizens and respect the rights and duties of the parents as legal guardians and allow Abdul Mutalib to return to Malaysia and be with his family.
We would also like to appeal to SUKHANAM to:
- Immediately look into the case of Abdul Mutalib and his Family and do
whatever is necessary to ensure that the denial and violation of rights of
the no longer be prolonged; and
- Look into the best interest of the Mutalib children, in this case to be
united with their parents in their home country, Malaysia
Signed:
The Migrant Forum in Asia
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