KUALA LUMPUR – There is no requirement by law that a Malaysian citizen must be proficient in the national language when applying for a passport, Lawyers for Liberty said.
Its president Zaid Malek said it is unlawful and high-handed for the Home Ministry to impose such a condition, adding that it could create alarm amongst the public.
Zaid was commenting on Home Minister Datuk Seri Saifuddin Nasution Ismail’s defence of an immigration officer who had questioned a passport applicant’s Bahasa Malaysia proficiency when renewing passports for herself and her daughter at UTC Johor recently
“There is no such requirement that a Malaysian citizen routinely applying for a passport must show proficiency in Bahasa Malaysia.
“Saifuddin’s manner in citing the federal constitution, in defending the office, has omitted to read the entirety of the constitution, particularly Article 14 and the Second Schedule of the constitution.
“The Article and Second Schedule, which is in regard to citizenship by operation of law, clearly does not state (the need to) know the Malay language as a requirement for citizenship, as of right,” Zaid said in a statement today.
Saifuddin had also claimed that studies of other countries done by the Home Ministry had found language proficiency is a condition for citizenship.
However, Zaid said this was “utterly misconceived”, as this requirement referred to citizenship by naturalisation or registration.
“The minister also does not seem to understand that citizenship, by operation of law, is separate from citizenship by registration and naturalisation,” the head of the legal rights advocacy group said.
As the federal constitution has no such language requirement for Malaysian passport applicants, the home minister should not be citing supposed examples of other countries, nor should the minister and enforcement officers “simply add stipulations beyond what is required under the law”.
“We urge the home minister to not spread misconceptions of the citizenship laws under the constitution,” Zaid said.
He also called for an investigation and appropriate action to be taken against the immigration officer for unlawful conduct, and expressed regret that the woman and her daughter were subjected to harassment and ridicule from the officer.
“It is appalling that the minister would go to such lengths to defend the unlawful and high-handed actions of an immigration officer who went beyond his legal authority to scrutinise language proficiency which is irrelevant to the process of renewing passports.”
The government must ensure that all protocols in the Immigration Department are in compliance with the law, he added. – November 6, 2023