PR status to foreigners who marry Malaysians upon registration of marriage in Malaysia - Best Solution

There is a great injustice that happens when Malaysian citizens (and/or Malaysian PR holders) marries a foreign spouse. To stay in Malaysia, these foreign spouses have to have visas [commonly referred to as 'spouse visas'] which may be a few months....later it becomes one year visas.

“My one-year pass to remain in Malaysia expires at the end of next month. Since my husband has divorced me, I don’t know how to get it extended,” she said at her home at PD Utama near here.

Foreigners or ‘stateless’ people need their Malaysian spouses’ signatures to remain in the country. The pass needs to be renewed annually until they attain permanent resident status or citizenship. - Star, 19/4/2010, Mum needs identity to survive

The problem is that the 'control' is with the Malaysian citizen/PR holder spouse, and the applicant  for the visa is that Malaysian spouse/PR holder. 

What should be is that these foreign spouses should be given immediate 'permanent resident'(PR) status when their marriage gets registered in Malaysia at the relevant government department.  [Note that PR status can be later revoked, if needed.] Now, the application for PR status is only considered after 12 years (some say 5 years - but alas, there is nothing in the law that clearly defines the actual number of years..., and it is not automatic and there needs to be an application put in. It will be interesting to see if all persons are treated equally - as many of our former Ministers, etc also have foreign spouses. Did they have to wait years before they got their PR status (or citizenship) or did they preferential treatments?

Now, children of these marriage are Malaysian citizens - and the problem arises when there is a death of the  Malaysian citizen/PR holder spouse ...when there is an abandonment/divorce...or maybe even a revocation of the citizenship/PR status for some reason or other.

What happens to the foreign spouse and the Malaysian children if one of the above happens? Under the current system,  the  foreign spouses  visa will not be able to be renewed - and that means that he/she will have to leave Malaysia...but the Malaysian children? What happens to the foreign spouses home/property in Malaysia? What happens to the foreign spouses other responsibilities - like the responsibility to the elderly parents/dependents of the Malaysian citizen/PR holder spouse and other dependents? Unlike some western cultures, in Malaysia (and Asia) obligations and responsibilities by reason of marriage also extends to the extended families of their spouses....but our current immigration laws do not reflect this. 

Current Malaysian law seems to say that if your Malaysian citizen/PR holder spouse suddenly dies, abandons you and/or your family, divorces you,.... you, the foreign spouse will have to leave Malaysia? 

The current law does not care about the Malaysian children - the UMNO-led BN government position is that you can take your 'Malaysian children' and go....

The current law does not care about the responsibility and care of the elderly parents/other dependents..., and this is so un-Malaysian....so uncaring.

As I said earlier, there must be a change in our Malaysian policy and law...., and it should be as follows:-

** Upon registration of marriage in the relevant government department in Malaysia, the foreign spouse shall immediately be given a permanent resident status,

***Upon the dissolution of the marriage for whatever reasons, the government has the right to review the 'permanent resident' status and revoke it

****Factors that will be considered, and will not result in a 'revocation' shall be:-

- existence of children of the marriage

- existence of obligations/responsibilities to the parents/dependents of the parties of the marriage in Malaysia

- the 'foreign spouse' still is staying in Malaysia

[The government naturally is concerned that some 'foreigners' may be marrying Malaysians just to be able to stay legally in Malaysia...and that the whole marriage is really a 'sham' - but that is why the power to revoke the PR must be with the government, and could be used if these 'shams' happen]

PORT DICKSON: Yati Rahayu Abdullah, 30, is in a quandary since being divorced by her husband nine months ago.

The mother of two young children is deemed to be ‘stateless’ as she has no documentation to prove that she is a Malaysian.

Stateless: Yati fears that she might lose Mohd Aiman (right) and Nuraryana if she is sent again to a detention centre.

Abandoned as a baby and raised at a longhouse in Keningau, Sabah by a Christian priest, she fears of being separated from her children and sent to a detention camp for illegal immigrants.

“My one-year pass to remain in Malaysia expires at the end of next month. Since my husband has divorced me, I don’t know how to get it extended,” she said at her home at PD Utama near here.

Foreigners or ‘stateless’ people need their Malaysian spouses’ signatures to remain in the country. The pass needs to be renewed annually until they attain permanent resident status or citizenship.

Yati, who never went to school, said she lived with the priest at his home until she was 13 and then followed him to Kuala Selangor.

Before they moved, the priest handed her a Malaysian identity card.

In Kuala Selangor, she worked at a Chinese restaurant and stayed at her employer’s home.

“I worked for the family without getting any pay for five years. I ran away when I could no longer take it,” she said, adding that she then started working at a factory.

It was then that she came to know her husband’s family who adopted her.

“However, when I went to the National Registration Department to renew my IC, I was arrested as they said my old one was fake. I was then sent to the detention centre for illegals in Pekan Nenas, Johor,” she said.

After six months, her adopted family sought her release by proposing marriage.

“I married my husband in March 2006 and we then moved to PD,” she said, adding that she then embraced Islam.

The couple were blessed with two children – Mohd Aiman Daniel who is now two, and Nuraryana Natasya, nine months.

Yati said her former husband has been giving her about RM100 a month for expenses since their divorce.

Yati said she approached the Welfare Department for aid but was told that since she was not a Malaysian, she was not entitled to any. - Star, 19/4/2010, Mum needs identity to survive

Remember the case of Romita Hasibuan...and her 4 Malaysian children... - Maruly Aziz Bin Abd Mutalib (14+ tahun), Sarah Nor Varah Hanim Binti Abd Mutalib (13+tahun), Yonatan Adam Fauzi Bin Abd Mutalib (11+tahun) dan Ismael Syah Putra (8+ tahun). STOP DISCRIMINATING SARAH,AND GIVE THIS MALAYSIAN CHILD HER MYKAD

UN slams Malaysia for lack of access to education for migrant children,....

Malaysia, embarrassingly, has been taken to task at the UN Human Rights Council for its actions that fails to '...distinguishes asylum seekers from irregular migrants....'.

Some, like the peoples of Burma, have fled to Malaysia seeking safety from persecution by their country of origins but alas Malaysia sometimes treat them not as asylum seekers or refugees - but lump them into one group called 'undocumented migrants' (or illegal migrants)...and this is very wrong.

The UN Human Rights Council also talked about the lack of access to education for children of refugees, asylum seekers ...and migrants.

With regard to children, their legal status must never be a bar that will prevent them education, healthcare and other social services. Remember, Malaysia is bound by the Convention on the Rights of the Child and simple human decency,

States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

But alas, Malaysia had a reservation with regards to education - hopefully, no more

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

Most likely, our local media may not be highlighting what happened at the UN with regard to Malaysia's failures - and as such, I just share an AFP report I came across...

Malaysia was taken to task by some Western countries on Wednesday over its treatment of asylum seekers and refugees, during a United Nations review of its human rights record.

Belgium, Britain and the Netherlands were among the nations that expressed "concerns" surrounding refugees and asylum-seekers held in detention in Malaysia, as they called on Kuala Lumpur to develop legislation that distinguishes asylum seekers from irregular migrants.

"We note serious problems faced by refugees, migrants and asylum seekers in Malaysia... that is linked to a lack of clarity on their status in the country," Belgium's representative told the UN Human Rights Council during a universal periodic review session.

Under universal periodic review, all 192 member states of the United Nations have their human rights record vetted by the council once every four years.

The session is based on three reports, one submitted by the country under review, and two summaries compiled by the UN Office of the High Commissioner of Human Rights.

The high commissioner's report noted the lack of national legislation on refugees as well as absence of laws on the rights of migrant workers.

In addition, it said, "many asylum seeking and refugee children, among them Muslim children from a nearby country, including the Rohingya refugee children who had lived in Malaysia since 1990s, lacked access to formal education."

The secretary general of Malaysia's foreign ministry Rastam Mohd Isa said in his opening remarks that Malaysia prosecutes only refugees who have committed crimes.

Foreign workers are accorded the same rights as local workers, and the rights of illegal immigrants are protected, he added.

Human rights groups have accused Malaysia of mistreating millions of foreign workers who live there, as well as asylum-seekers, including thousands from nearby Myanmar, which is under military rule.

Human Rights Watch had singled out a government-backed volunteer force in Malaysia known as RELA for allegedly beating, threatening and extorting money from migrants and asylum-seekers.

During Wednesday's session, some countries, including Chile and France, encouraged Malaysia to eliminate discrimination due to sexual orientation and to "respect the human rights of all individuals, including homosexuals." - AFP, 12/1/2009 Malaysia under fire at UN over refugees

Of resignations, the Bar from re-contesting & people's right to choose their reps..

Resignation...revocation of by-elections..

By-elections ....and then no more by-elections

I do not think those 2 ADUN from the Parti Keadilan Rakyat(PKR), even if there was never any intention to jump, will know what to do. It is a mess. A principled person would not hop over to BN.

In any event, we need to look at a few issues...

a) If it exist, is it right for political parties/political coalitions to get and keep pre-signed undated resignation letters from their MP/ADUN? [Of course, when there is an indication that someone is going to jump party - then these letters may get used before the said ADUN/MP makes it public that he is 'jumping'? - this could have been what happened in Perak..maybe]

I believe that this practice is wrong. I believe that the people vote for their 'wakil rakyat' (people's representative) - and it is a person - not a political party...not a political coalition. Of course, the political party he stands under and the political coalition that he is within has a bearing - but that is all.

b) Should a MP/ADUN be permitted to change his political party/political affliations mid-stream? Should he resign, if he does so? Or should he not?

Well, maybe he should resign - and be permitted to re-contest the seat - to get a clear mandate again, thus removing all doubts whether his/her contituents still want him to represent them.

The problem now is that law that bars a MP/ADUN who resigns his seat from re-contesting - and I believe that this bad law should be removed.

Because of the fact that one will be barred from re-contesting, you cannot make them resign and 'betray' the very people who voted for him/her.

It will be also unfair to the constituents - who may in fact be with the ADUN/MP who changed party affiliations or chose to become an independent. The people may still want this person for their rep - and the law that BARS one who resign from re-contesting stands in the way of this freedom of the constituents to re-affirm someone as their chosen rep.

In fact, I believe that even those laws that prevent those convicted and sentenced to contest in elections ...to become/remain MP/ADUN should be removed.

It is the people's choice, and they should be permitted to chose their reps...

"....he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon ..."

And, oh yes, the disqualification is for 5 years beginning time you are released from prison - why? When it comes to fine, it is from the day the fine is imposed (not even paid) - why is also not 5 years from the date you have been sentenced to jail?

In fact, now if while you are MP/ADUN, you get convicted and sentenced - unless you appeal...and appeal you get disqualified ....mmmm... so there will be trials, appeals....and a lot of public money wasted...

In fact, a person declared 'bankrupt' should also be allowed to contest... ...and/or become/remain MP and/or ADUN. Why not?

That law that prevents one who resigns to re-contest, which is also there for MPs should be removed. It will allow elected reps, who change political party membership/affliations the ability to go back to the people to get a fresh mandate - to remove alldoubts that he no longer enjoys the support of the majority of his/her constituents..

(6) A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives. - Art. 48, Federal Constitution

Likewise, the Laws of the Constitution of Perak have a similar provision in Art.31(5)

A period of 5 years can mean sometimes not being able to contest in 2 successive elections...[Wan Azizah would most likely not be able to contest in the next General Elections - and that is not right...]

Pakatan Rakyat states may want to take the lead - and start tabling/making amendment /s to the respective State Constitutions removing all these 'barring re-contesting' provisions...and also the other bars that prevent persons from contesting, especially those with regard to crime, election offences, bankruptcy, etc... Let the people choose who they really want to be their elected reps.

** Maybe we should also consider giving the people the right to get rid of their MP/ADUN - maybe if 10 0r 15 percent of any constituents submit a petition/memorandum to the the Election Commission wanting a by-elctions, then there should be a by-election. Why should only the elected rep have the right to resign? Should not the people also have the right to remove him/her? Consider this...

Merry Christmas ... Pray for HERALD's permit to be renewed.

MERRY CHRISTMAS TO ALL OF YOU

Let's all hope that the publication permit of the the HERALD, the Catholic weekly publication, which ends 31/12/2008, be renewed promptly so there is no disruption.

Catholic weekly The Herald may have to stop publication as its publishing permit, which expires at the end of the month, has still not been renewed.

The weekly, recently the subject of controversy over the use of the word 'Allah' in its content, needs to have the permit renewed by Dec 31 to continue operations next year.

Its editor, Father Lawrence Andrew, said the paper's licence was usually renewed three months before the deadline.

However, this year, the Home Ministry has yet to renew the permit although The Herald applied for a renewal earlier than it usually does.

"We expected difficulties, so we applied in July. There should be no reason for the delay," said Lawrence.

"The government said it was still reviewing our licence. But we are now at the tail-end of the year. I must let people know what is going on." - New Straits Times, 18/12/2008 - Catholic weekly made to wait for renewal permit

Let us also pray for a better government who do not have Ministers (and Deputy Ministers) who are just so evil and unreasonable. Torture - that is what the government of Malaysia is doing to the Herald, the Catholic Church and all Malaysian Catholics. They refuse to give any approval (or otherwise) until end of the year.

Of course, if the permit is not renewed, then the Catholic Church have a right to appeal to the Minister...and as such for an application submitted in July, should not an answer be given by now?

Deputy Home Minister Datuk Wan Ahmad Farid Wan Salleh, in an interview with Reuters yesterday, said the government was "still reviewing" The Herald's licence and was following "due process".

"Until Dec 31, we are not going to announce anything. There is plenty of time. Let them wait." - New Straits Times, 18/12/2008 - Catholic weekly made to wait for renewal permit

Let's also pray for greater JUSTICE and peace in Malaysia ...and the whole world. This PEACE that we want is not the peace of keeping quite...not rocking the boat...and just accepting all that is done. The peace that we strive for is TRUE PEACE... and for true peace to be there must first of all be justice and a respect for human rights.

MERRY CHRISTMAS TO ALL OF YOU

GOD BLESS

Today a Malay....tommorow no more. What is 'Malay'?

I was very curious about the word 'Malay' - who is the Malay? Is it a race or ethnic group?

A person could be born a Malay - but could become a non-Malay if he/she converts and become a 'non-Muslim'. So there cannot be a Buddhist Malay, Hindu Malay, Sikh Malay, Christian Malay --- according to the Malaysian Federal Constitution definition of 'Malay'.

Also wondered whether a person can be declared to NOT a Malay - because it is shown that he/she does not "...habitually speaks the Malay language, conforms to Malay custom...". Who will decide on this? So Malays and/or their children who do not habitually speak Malay...are no more Malay. Interesting.

The Federal Constitution defines Malay in Article 160(2) as follows:-

"Malay" means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and -

(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or

(b) is the issue of such a person;

In my quest, I came across a posting in Nuraina A Samad's 3540 Jalan Sudin Blog entitled "Malays are Not a Race", which is also pasted below. Your comments would be appreciated..

Malays Are Not a Race

Bergen is one of my favourite bloggers. He is witty, smart, funny, irreverent, sometimes self-effacing, and a lot more.

He sent me a very long comment from a commentator to his posting on "Freedom to Choose A Religion". The commentator by the name of Micheal Chick, says that there is no such thing as a/the Malay race. Of course, many of us would beg to differ.

I have sought Bergen's permission to reproduce his message (in bold) , followed by Micheal Chick's comment (in italics).

I reproduce here the comments posted by a Micheal Chick in my blog. Maybe it has nothing to do with your father's struggle, or maybe it has. I don't have the brain for this. You don't have to post it in the comments box if you don't want to.

"It's been interesting to read such free-flowing comments on an all "Malaysian" free for all. While we are on the subject, how many of you have read the book entitled "Contesting Malayness"? Written by a Professor of National University of Singapore. Cost S$32 (about). It reflects the Anthropologists views that there is no such race as the "Malays" to begin with. If we follow the original migration of the Southern Chinese of 6,000yrs ago, they moved into Taiwan, (now the Alisan), then into the Phillipines (now the Aeta) and moved into Borneo (4,500yrs ago) (Dayak). They also split into Sulawesi and progressed into Jawa, and Sumatera. The final migration was to the Malayan Peninsular 3,000yrs ago. A sub-group from Borneo also moved to Champa in Vietnam at 4,500yrs ago.

Interestingly, the Champa deviant group moved back to present day Kelantan. There are also traces of the Dong Song and HoaBinh migration from Vietnam and Cambodia. To confuse the issue, there was also the Southern Thai migration, from what we know as Pattani today. (see also "Early Kingdoms of the Indonesian Archipelago and the Malay Peninsular")

Of course, we also have the Minangkabau's which come from the descendants of Alexander the Great and a West Indian Princess. (Sejarah Melayu page 1-3)

So the million Dollar Question... Is there really a race called the "Malays"? All anthropologists DO NOT SEEM TO THINK SO.

Neither do the "Malays" who live on the West Coast of Johor. They'd rather be called Javanese. What about the west coast Kedah inhabitants who prefer to be known as "Achenese"? or the Ibans who simply want to be known as IBANS. Try calling a Kelabit a "Malay" and see what response you get... you’ll be so glad that their Head-Hunting days are over.

In an article in the Star, dated: Dec 3rd 2006

available for on-line viewing at:
http://thestar.com.my/news/story.asp?file=/2006/12/3/focus/16212814&sec=focus

An excerp is reproduced here below:

"The Malays – taken as an aggregation of people of different ethnic backgrounds but who speak the same language or family of languages and share common cultural and traditional ties – are essentially a new race, compared to the Chinese, Indians and the Arabs with their long histories of quests and conquests.

The Malay nation, therefore, covers people of various ethnic stock, including Javanese, Bugis, Bawean, Achehnese, Thai, orang asli, the indigenous people of Sabah and Sarawak and descendants of Indian Muslims who had married local women.

Beneath these variations, however, there is a common steely core that is bent on changing the Malay persona from its perceived lethargic character to one that is brave, bold and ready to take on the world. "


The definition of “Malay” is therefore simply a collection of people's who speak a similar type language. With what is meant by a similar type language does not mean that the words are similar. Linguists call this the "Lego-type" language, where words are added on to the root word to make meaning and give tenses and such. Somehow, the Indonesians disagree with this classification and insist on being called "Indonesians" even though the majority of "Malays" have their roots in parts of Indonesia? They refuse to be called "Malay"…. Anyhow you may define it.

The writer failed to identify (probably didn't know), that the "Malay" definition also includes, the Champa, Dong Song, HoabinHian, The Taiwanese Alisan and the Philippino Aetas. He also did not identify that the "Orang Asli" are (for lack of a better term) ex-Africans. If you try to call any one of our East Malaysian brothers an "Orang Asli", they WILL BEAT YOU UP! I had to repeat this because almost all West Malaysians make the same mistake when we cross the South China Sea. Worse, somehow, they feel even more insulted when you call them “Malay”. Somehow, “kurang ajar” is uttered below their breath as if “Malay” was a really bad word for them. I’m still trying to figure this one out.

Watch “Malays in Africa”; a Museum Negara produced DVD. Also, the “Champa Malays” by the same.

With this classification, they MUST also include the Phillipinos, the Papua New Guineans, the Australian Aboroginies, as well as the Polynesian Aboroginies. These are of the Australo Melanesians who migrated out of Africa 60,000yrs ago.

Getting interesting? Read on...

"Malay" should also include the Taiwanese singer "Ah Mei" who is Alisan as her tribe are the anscestors of the "Malays". And finally, you will need to define the Southern Chinese (Southern Province) as Malay also, since they are from the same stock 6,000yrs ago.

Try calling the Bugis a "Malay". Interestingly, the Bugis, who predominantly live on Sulawesi are not even Indonesians. Neither do they fall into the same group as the migrating Southern Chinese of 6,000yrs ago nor the Australo Melanesian group from Africa.

Ready for this?

The Bugis are the cross-breed between the Chinese and the Arabs. (FYI, a runaway Ming Dynasty official whom Cheng Ho was sent to hunt down) Interestingly, the Bugis were career Pirates in the Johor-Riau Island areas. Now the nephew of Daeng Kemboja was appointed the First Sultan of Selangor. That makes the entire Selangor Sultanate part Arab, part Chinese! Try talking to the Bugis Museum curator near Kukup in Johor. Kukup is located near the most south-western tip of Johor. (Due south of Pontian Kechil)

Let's not even get into the Hang Tuah, Hang Jebat, Hang Kasturi, Hang Lekiu, and Hang Lekir, who shared the same family last name as the other super famous "Hang" family member... Hang Li Poh. And who was she? the princess of a Ming Dynasty Emperor who was sent to marry the Sultan of Malacca. Won't that make the entire Malacca Sultanate downline "Baba" ? Since the older son of the collapsed Malaccan Sultanate got killed in Johor, (the current Sultanate is the downline of the then, Bendahara) the only other son became the Sultan of Perak. Do we see any Chinese-ness in Raja Azlan? Is he the descendant of Hang Li Poh?

Next question. If the Baba’s are part Malay, why have they been marginalized by NOT BEING BUMIPUTERA? Which part of “Malay” are they not? Whatever the answer, why then are the Portugese of Malacca BUMIPUTERA? Did they not come 100yrs AFTER the arrival of the first Baba’s? Parameswara founded Malacca in 1411. The Portugese came in 1511, and the Dutch in the 1600’s. Strangely, the Baba’s were in fact once classified a Bumiputera, but a decided that they were strangely “declassified” in the 1960’s. WHY?

The Sultan of Kelantan had similar roots to the Pattani Kingdom making him of Thai origin. And what is this "coffee table book" by the Sultan of Perlis claiming to be the direct descendant of the prophet Muhammed? Somehow we see Prof Khoo Khay Khim’s signature name on the book. I’ll pay good money to own a copy of it myself. Anyone has a spare?

So, how many of you have met with orang Asli’s? the more northern you go, the more African they look. Why are they called Negrito’s? It is a Spanish word, from which directly transalates “mini Negros”. The more southern you go, the more “Indonesian” they look. And the ones who live at Cameron Highlands kinda look 50-50. You can see the Batek at Taman Negara, who really look like Eddie Murphy to a certain degree. Or the Negritos who live at the Thai border near Temenggor Lake (north Perak). The Mah Meri in Carrie Island look almost like the Jakuns in Endau Rompin. Half African, half Indonesian.

By definition, (this is super eye-opening) there was a Hindu Malay Empire in Kedah. Yes, I said right… The Malays were Hindu. It was, by the old name Langkasuka. Today known as Lembah Bujang. This Hindu Malay Empire was 2,000yrs old. Pre-dating Borrobudor AND Angkor Watt. Who came about around 500-600yrs later. Lembah Bujang was THE mighty trading empire, and its biggest influence was by the Indians who were here to help start it. By definition, this should make the Indians BUMIPUTERAS too since they were here 2,000yrs ago! Why are they marginalized?

Of the 3 books listed, "Contesting Malayness" (about S$32 for soft cover) is "banned” in Malaysia; you will need to "smuggle" it into Malaysia; for very obvious reasons.... :( or read it in Singapore if you don’t feel like breaking the law.

The other, "Kingdoms of the Indonesian Archipelago, and the Malay Peninsular" (about RM84) are openly sold at all leading bookshops; Kinokuniya, MPH, Borders, Popular, Times, etc. You should be able to find a fair bit of what I’ve been quoting in this book too, but mind you, it is very heavy reading material, and you will struggle through the initial 200+ pages. It is extremely technical in nature. Maybe that’s why it wasn’t banned (yet)…coz our authorities couldn’t make head or tail of it? (FYI, if I wasn’t doing research for my film, I wouldn’t have read it in its entirety)

While the "Sejarah Melayu" (about RM 35) is available at the University Malaya bookshop. I have both the English and Royal Malay version published by MBRAS.

Incidentally, the Professor (Author) was invited to speak on this very subject about 2 yrs ago, in KL, invited by the MBRAS. You can imagine the "chaos" this seminar created...... :(

There were actually many sources for these findings. Any older Philippino Museum Journal also carries these migration stories. This migration is also on display at the Philippines National Museum in Luzon. However, they end with the Aeta, and only briefly mention that the migration continued to Indonesia and Malaysia, but fully acknowledge that all Philippinos came from Taiwan. And before Taiwan, China. There is another book (part of a series) called the "Archipelago Series" endorsed by Tun Mahatir and Marina Mohammad, which states the very same thing right at the introduction on page one. “… that the Malays migrated out of Southern China some 6,000yrs ago…”. I believe it is called the “Pre-History of Malaysia” Hard Cover, about RM99 found in (mostly) MPH. They also carry “Pre-History of Indonesia” by the same authors for the same price.

It is most interesting to note that our Museum officials invented brand new unheard-of terms such as "Proto-Malay" and "Deutero-Malay", to replace the accepted Scientific Term, Australo-Melanesians (African descent) and Austronesians (Chinese Descent, or Mongoloid to be precise) in keeping in line with creating this new “Malay” term.. They also created the new term called the Melayu-Polynesian. (Which Melayu exists in the Polynesian Islands?) Maybe they were just trying to be “Patriotic” and “Nationalistic”… who knows…? After all, we also invented the term, “Malaysian Time”. While the rest of the world calls it “Tardy” and “Late”. It’s quite an embarrassment actually…. Singaporeans crossing the border are asked to set their watches back by about 100yrs, to adjust to “Malaysian Time”…

In a nutshell, the British Colonial Masters, who, for lack of a better description, needed a “blanket” category for ease of classification, used the term “Malay”.

The only other logical explanation, which I have heard, was that “Malaya” came as a derivative of “Himalaya”, where at Langkasuka, or Lembah Bujang today was where the Indians were describing the locals as “Malai” which means “Hill People” in Tamil. This made perfect sense as the focal point at that time was at Gunung Jerai, and the entire Peninsular had a “Mountain Range” “Banjaran Titiwangsa”, as we call it.

The Mandarin and Cantonese accurately maintain the accurate pronunciation of “Malai Ren” and “Malai Yun” respectively till this very day. Where “ren” and “yun” both mean “peoples”.

Interestingly, “Kadar” and “Kidara”, Hindi and Sanskrit words accurately describe “Kedah” of today. They both mean “fertile Land for Rice cultivation. Again, a name given by the Indians 2,000yrs ago during the “Golden Hindu Era” for a duration of 1,500yrs.

It was during the “Golden Hindu Era” that the new term which the Hindu Malay leaders also adopted the titles, “Sultan” and “Raja”. The Malay Royalty were Hindu at that time, as all of Southeast Asia was under strong Indian influence, including Borrobudor, and Angkor Watt. Bali today still practices devout Hindu Beliefs. The snake amulet worn by the Sultans of today, The Royal Dias, and even the “Pelamin” for weddings are tell-tale signs of these strong Indian influences. So, it was NOT Parameswara who was the first Sultan in Malaya. Sultanage existed approximately 1,500years before he set foot on the Peninsular during the "Golden Hindu Era" of Malaysia. And they were all Hindu.

“PreHistory of Malaysia” also talks about the “Lost Kingdom” of the “Chi-Tu” where the local Malay Kingdom were Buddhists. The rest of the “Malays” were Animistic Pagans.

But you may say, "Sejarah Melayu" calls it "Melayu"? Yes, it does. Read it again; is it trying to describe the 200-odd population hamlet near Palembang by the name "Melayu"?(Google Earth will show this village).

By that same definition, then, the Achehnese should be considered a “race”. So should the Bugis and the Bataks, to be fair. Orang Acheh, Orang Bugis, Orang Laut, Orang Melayu now mean the same… descriptions of ethnic tribes, at best. And since the “Malays” of today are not all descendants of the “Melayu” kampung in Jambi (if I remember correctly), the term Melayu has been wrongly termed. From day one. Maybe this is why the Johoreans still call themselves either Bugis, or Javanese until today. So do the Achehnese on the West coast of Kedah & Perlis and the Kelantanese insist that they came from Champa, Vietnam.

Morover, the fact that the first 3 pages claiming that "Melayu" comes from Alexander the Great and the West Indian Princess doesn't help. More importantly, it was written in 1623. By then, the Indians had been calling the locals “Malai” for 1,500 yrs already. So the name stuck….

And with the Sejarah Melayu (The Malay Annals in page 1-3) naming the grandson of Iskandar Zulkarnain, and the West Indian Princess forming the Minangkabau. Whenever a Malay is asked about it, he usually says it is "Karut" (bullshit), but all Malayan based historians insist on using Sejarah Melayu as THE main reference book for which "Malay" history is based upon. The only other books are “Misa Melayu”, "Hikayat Merong Mahawangsa", and “Hikayat Hang Tuah” which is of another long and sometimes “heated” discussion.

I find this strange.

I also find, that it is strange that the "Chitti's" (Indian+Malay) of Malacca are categorized as Bumiputera, while their Baba brothers are not. Why? Both existed during the Parameswara days. Which part of the “Malay” side of the Baba’s is not good enough for Bumiputera classification? Re-instate them. They used to be Bumiputera pre 1960’s anyway.

Instead of "Malay", I believe that "Maphilindo" (circa 1963) would have been the closest in accurately trying to describe the Malays. However, going by that definition, it should most accurately be "MaphilindoThaiChinDiaVietWanGreekCamfrica". And it is because of this; even our University Malaya Anthropology professors cannot look at you in the eye and truthfully say that the word "Malay" technically and accurately defines a race.

This is most unfortunate.

So, in a nutshell, the “Malays” (anthropologists will disagree with this “race” definition) are TRULY ASIA !!! For once the Tourism Ministry got it right….

We should stop calling this country “Tanah Melayu” instead call it, “Tanah Truly Asia”

You must understand now, why I was "tickled pink" when I found out that the Visit Malaysia slogan for 2007 was "Truly Asia". They are so correct... (even though they missed out Greece and Africa)

BTW, the name UMNO should be changed to UTANO the new official acronym for “United Truly Asia National Organization” . After all, they started out as a Bugis club in Johor anyway….

I told you all that I hate race classifications…. This is so depressing. Even more depressing is that the "malays" are not even a race; not since day one."


“Truly Asia Boleh”

Sabah population increases by 285%, whilst Malaysia's population iincreases by only 113% - something is very wrong..

There are BIG questions that the Barisan Nasional government, currently led by Abdullah Ahmad Badawi, has got to answer about Sabah's "new" citizens - persons who have since 30 years ago have suddenly become Malaysian citizens or have acquired PR Status. (Children where 1 parent has PR status are automatically citizens)

Many have called it an 'illegal migrant problem' - but I think that label causes confusion, which result in Migrant Rights and Human Rights groups reacting thinking that we are talking about the undocumented migrant/refugee problem. {I believe the BN government likes to use the term "illegal migrant proiblem" to the Sabah situation just to cause the confusion.....Recall to that the recent government response was arrest and deport the undocumented migrants ---- very evasive and certainly not looking at the the Sabah "new" citizen problem...}

The Sabah problem is a "new citizen" problem. Who are these "new citizens"? How did they acquire citizenship? How do we now deal with these "new citizens" and their citizen children today? Recent revelations by MP for Sepanggar, Datuk Eric Majimbun also reveals that true original citizens are also in some cases are also losing their citizenship...

"(7) The discrepancy in the percentage increase between Kadazan, Dusun, Murut on the one hand and other Bumiputera between 1970 and 2000 i.e. 236 per cent and 631 per cent respectively; ...

(9) The discrepancies in the population increase between 1970 to 2000 in Sabah, Sarawak and Malaysia: 10,439,430 to 22,202,614 or up by 113 percent in Malaysia; 976,269 to 2,012,616 or up by 106 percent in Sarawak; and 636,431 to 2,449,389 or up by 285 percent in Sabah." - Malaysiakini, 6/10/2008 - Sapp: 'Loopholes' behind IC scam

These new facts, were amongst the many other points that were disclosed by MP for Sepanggar, Datuk Eric Majimbun. (See below for more points raised as found in the Malaysiakini report...)

Evidence of illegal issuance of MyKad to foreigners will be released by the Sabah Progressive Party (SAPP) tomorrow.

The MP for Sepanggar, Datuk Eric Majimbun, said he would reveal the details that led to a population explosion in the state.

"Just imagine, our population increased by 285 per cent between 1970 and 2000," he said. "I will bare all, including proof of people not born in Sabah becoming Malaysian citizens (in Sabah)." - The New Straits Times, 3/10/2008 - SAPP to show proof of Sabah MyKad scandal

Related to this, was the answer in Parliament in 2006 with regard the ethnic composition of Sabahans

Who are the “Other Bumiputera” and Other Ethnic Groups” in Sabah? According to an answer to Teresa Kok (DAP Seputeh), the PM Department said that there are 436,300 “Other Bumiputera” and 143,500 “Other Ethnic Groups” in Sabah. These constituted 25.9 percent of the Sabah population.

The composition of ethnic groups in Sabah as of March 206:

Melayu 342,500 15.3%
Kadazan/Dusun 530,000 23.7%
Bajau 399,300 17.8%
Murut 98,400 4.4%
Bumiputera Lain 436,300 19.5%
Cina 287,200 12.8%
Lain-lain Etnik 143,500 6.4%
Jumlah Warganegara 2,237,100 100.0% (75.1%)
Bukan Warganegara 743,600 (24.9%)
Jumlah 2,980,700 (100.0%)

The question is who are the “Other Bumiputera” and “Other Ethnic Groups” that cannot be classified according to a particular ethnic group. Are these “citizens” non-indigenous to Sabah? - taken from the Blog of Chow Kon Yeow

Some interesting BN governmental responses:-

Mohd Najib Razak - Deputy Prime Minister

He dismissed Deputy Prime Minister Najib Abdul Razak’s comment in Kota Kinabalu on Saturday that “there could have been administrative errors at the state NRD but this will be put right. No one will be victimised." - - Malaysiakini, 6/10/2008 - Sapp: 'Loopholes' behind IC scam

Nazri Aziz

A state ruling coalition leader has taken Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz to task for making light of the concerns of Sabahan over the growing menace posed by the large presence of illegal immigrants in the state.

Sabah Progressive Party (Sapp) leader Tham Nyip Shen, who is also state science and technology advisor, said he was 'utterly shocked' that Nazri could have said in Parliament recently “that the presence of foreigners, including those with IMM13 documents, did not cause social, security and economic problems in Sabah.” - Malaysiakini, 8/7/2006 Sabah leader blasts Nazri over immigrant remark

In 2007, the Parliamentary Select Committee tried to look into this but alas the National Registration Department refused to turn up, and...

“It is a serious matter and indicates an unbecoming attitude of an agency when a meeting called by the Parliamentary Select Committee can be rejected.

“This is also disrespectful to Parliament and reflects the standard and quality of administration of this country,” Ramon said in a statement today.

He also called for Dompok’sposition as chairperson of the PSCI to be reinstated and that the NRD be held accountable for the issuance of identity cards in Sabah where there is apparent widespread abuse.

“Tough disciplinary action must be taken against individuals and agencies that do not heed parliamentary meetings seriously,” he added. - Malaysiakini, 19/5/2007 - Kit Siang and groups support Dompok

.... the Chairman of that Parliamentary Select Committee resigned...

Dompok’s decision to resign from the bi-partisan committee followed Lim’s question on why a scheduled committee meeting yesterday with National Registration Department (NRD) into a fake identity card scandal in Sabah dubbed ‘Project M’ was suddenly cancelled.

Test of strength

The NRD has refused to appear before the committee - a move which Nazri has supported. - - Malaysiakini, 19/5/2007 - Kit Siang and groups support Dompok

It is obvious that the Prime Minister, the Deputy Prime Minister and the BN generally have no interest in investigating the "new" citizens of Sabah, and how they suddenly became citizens. Why? Maybe, because the whole situation has benefited UMNO - who certainly is today the dominant BN component party in Sabah, a situation which would not, most likely not be if the ethnic composition remained the same as it was in 1970.

Even in Semenanjung Malaysia, some say that the difference of the ethnic composition in 2008, compared to that in 1957 raises some questions as to whether there were "new" citizens also created here. Different birth rates among the ethnic groups do not explain the difference.

There must be an investigation into this issue of the "new" citizens of Sabah (and maybe even Malaysia) - and the guilty must be exposed and penalized.

With regard the "new" citizens and their now citizen children, that will be a difficult problem to resolve BUT the whole community must come together and find a solution.

Many of these "new" citizens and their children have become Malaysian, have lived and studied in Malaysia - so the solution may not be the stripping of citizenship or the deportation to some other country.

The term "illegal migrant problem" - probable a term that the UMNO led BN government would like to use to confuse the issue especially in Malaysia. Why? Because most Malaysians immediately start thinking about the undocumented migrants in Malaysia who have been around for a couple of years or so... The "new" citizen problem of Sabah is very very different...

Anyway, back to that Malaysiakini report, and the other points raised by Eric Majimbun

Cases in point

Majimbun highlighted some pertinent facts and figures the bureau has collated in recent days:

1) The case of Filipino, Jerom Maguil, who was issued MyKad 5609030-12-5739 (old IC No: H0540992) under the name of Jerom Majimbon and staying in Eric Majimbun’s village in Inanam, Kampung Pomotodon. Inanam is in the outlying regions of greater Kota Kinabalu.

The case file includes a letter that Eric wrote to the Home Ministry secretary-general on Oct 4 last year on the case, with copies to the NRD in Kuala Lumpur and the state NRD; the reply from the Home Ministry in Parliament confirming that Jerom Majimbon a.k.a Jerom Maguil was not entitled to the MyKad he was holding.

The fact remains the MyKad has not been withdrawn, neither has Majimbon been deported. There was no reply to the Oct 4 letter;

2) The history of statements from residents in Kampong Pomotodon bringing the presence of Jerom Majimbon a.k.a. Jerom Maguil to MP Eric Majimbun’s attention;

3) The case file of a Sino-Dusun, Thien Kau Pah B Kian Kim, 60, born and bred in Kampung Melaka, Jalan Kionsom, Inanam, Kota Kinabalu and issued a MyPR and not the MyKad to which he is entitled when he had to change his old blue IC. His appeals were not entertained;

4) The state NRD replacing the MyKad of a senior citizen, Yong Lee Hua @ Piang Lin, 78, a native, with a MyPR (permanent resident status) after she lost her MyKad to a picket pocket on Feb 12 last year at a supermarket in Penampang Baru, an outlying region of Kota Kinabalu, on the grounds that “senior citizens who lose their MyKads are given the MyPR as replacement”;

5) Some cases of passport-holding foreigners from Philippines and Indonesia who have one or two of their children becoming Malaysian citizens although their other children are not citizens;

6) 65,000 Filipino refugees were issued the IMM13 refugee documents in the 1970s, according to the federal government. More recently, the federal government cited the same figures for 2008 raising various questions on the subject: how many have been given citizenship, permanent residence and bumiputera status?

7) The discrepancy in the percentage increase between Kadazan, Dusun, Murut on the one hand and other Bumiputera between 1970 and 2000 i.e. 236 per cent and 631 per cent respectively;

8) The problem of children of inter-marriages being classified as sino-natives and not as natives; and

9) The discrepancies in the population increase between 1970 to 2000 in Sabah, Sarawak and Malaysia: 10,439,430 to 22,202,614 or up by 113 percent in Malaysia; 976,269 to 2,012,616 or up by 106 percent in Sarawak; and 636,431 to 2,449,389 or up by 285 percent in Sabah.

“The situation we are in right now calls for a change (in attitude) in government,” said Majimbun.

“We are already being marginalised in all aspects. What will happen to our future generations? People should not simply say that we are touching on a sensitive issue. We are talking about something that concerns the future of our children and the future generations.”

Majimbun pledged that all information gathered by his bureau would be brought to the attention of the federal and state governments “to let them know and take these matters seriously”.- Malaysiakini, 6/10/2008 - Sapp: 'Loopholes' behind IC scam