Lacking Proof Lawyer Again Questions Heritage Players Bm Proficiency

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Lamenting the lack of evidence to demonstrate that the seven controversial “heritage” footballers are proficient in Bahasa Malaysia, lawyer Eric Paulsen once again pressed the government for answers.
Paulsen (above) said that while the government has repeatedly claimed to exercise the highest standards of scrutiny in granting citizenship, the opposite appears to be true in the case of the foreign-born players.
The Lawyers for Liberty (LFL) co-founder demanded that Home Minister Saifuddin Nasution Ismail come clean with proof of the type of assessments done on the players, before granting them Malaysian citizenship.
“This language requirement under Article 19 is of a higher standard compared to the language requirement of ‘elementary knowledge of the Malay language’ under Article 16 (citizenship by registration for persons born in the Federation before Merdeka Day) and ‘sufficient knowledge of the Malay language’ under Article 16A (citizenship by registration for persons resident in Sabah and Sarawak on Malaysia Day).
“These are clearly different tiers of standards, with the ‘adequate knowledge of the Malay language’ under Article 19 of the Federal Constitution being the most onerous. The Citizenship Rules 1964 provide for the meaning of ‘elementary’, ‘sufficient’, and ‘adequate’ knowledge of the Malay language.
“Under Rule 8, adequate knowledge means: ‘if in the opinion of the Language Board that person is able with reasonable proficiency to speak that language and, unless prevented by blindness or other physical impediments, to read and write Malay in the Jawi or Rumi script,” Paulsen told Malaysiakini.
He explained that a proper and objective application of the language requirement under Article 19 requires a foreign applicant not only to speak Malay with reasonable proficiency, but also to read and write in the language.
This higher linguistic threshold for naturalisation under Article 19 is logical, he said, as it applies to foreigners seeking Malaysian citizenship.
Similar standards are also common in other countries, where applicants are required to learn the official language before being granted citizenship.
What about other minorities?
Paulsen, who previously served as Malaysia’s representative to the Asean Intergovernmental Commission on Human Rights (AICHR), noted that there are currently thousands of genuine stateless individuals - including the Orang Asli, and older generations of ethnic Chinese, Indians, and others - who were born and have lived their entire lives in Malaysia.
He said these individuals have been “erroneously compelled” by the National Registration Department (NRD) to apply for naturalisation under Article 19, when they should long ago have been granted citizenship under more appropriate provisions of the Federal Constitution.
Home Minister Saifuddin Nasution Ismail“The home minister must answer clearly and transparently. No more spin. How did the seven players pass the ‘adequate knowledge of the Malay language’ requirement under Article 19? Or did he exempt that, too?
“While it is true that some countries have allowed for the naturalisation of persons with special talents, extraordinary achievements or those who can make a significant contribution to the state, that is not the citizenship law in Malaysia.
“This issue goes beyond ‘no harm in giving athletes citizenship for the benefit of the nation’.
“This scandal shows that this government does not see itself limited by the Constitution, or is subject to the law. They do it because they don’t respect the rule of law, and that can only lead to more abuse of power,” Paulsen said.
On Oct 9, Saifuddin told the Dewan Rakyat that he had exercised his power granted under the Constitution to consider the seven “heritage” footballers as fit to be granted Malaysian citizenship.
He stressed that all seven of them had fulfilled the requirements under the law to be granted citizenship by naturalisation, including having proficiency in Bahasa Malaysia.
According to the minister, the players had displayed sufficient proficiency in the national language according to a basic test by the NRD.
MPs must speak out
Paulsen also urged MPs to question the alleged discrepancy, rather than prioritising their positions in the Dewan Rakyat.
“Is it worth giving up your ideals and principles just to have a seat at the table with those in power?
“Your true faith and allegiance as an MP are to Malaysia, not the government of the day.
“It is your sworn duty to preserve, protect and defend the Constitution as laid out in the Oath as Member of Parliament and of Allegiance,” Paulsen reminded.
'Red card' for players, FAM
On Sept 26, the Federation of Association Football (Fifa) announced sanctions against the Football Association of Malaysia (FAM) and the seven players for breaches of Article 22 of the Fifa Disciplinary Code on forgery and falsification.
Fifa said FAM had submitted falsified documents to confirm the players’ eligibility, enabling them to feature in the third round of the 2027 Asian Cup Qualifiers against Vietnam on June 10.
It also determined that FAM must pay a fine of 350,000 Swiss francs (RM1.9 million), while each of the seven players was also slapped with a 2,000 Swiss francs (RM10,500) fine.
The players, Gabriel Felipe Arrocha, Facundo Tomas Garces, Rodrigo Julian Holgado, Imanol Javier Machuca, Joao Vitor Brandao Figueiredo, Jon Irazabal Iraurgui, and Hector Alejandro Hevel Serrano, were also hit with a 12-month suspension from all football-related activities.
In the grounds of its ruling to sanction, Fifa revealed it had acquired the original birth documents of the players’ “Malaysian-born” grandparents, which contradicted the allegedly doctored documents submitted by the Malaysian side.
It also casts doubt on NRD verification of the players’ supposed Malaysian heritage.
In a statement responding to Fifa’s bombshell revelation, FAM reiterated its stance, denying that any documents had been doctored.
It also argued that Fifa had not provided any evidence to substantiate its allegations of forgery.
FAM added that it was also bound by the Official Secrets Act (OSA) 1972 and the Passport Act, preventing it from publicly disclosing evidence in support of its position.
FAM suspends sec-gen, announces probe
In a press conference yesterday, FAM said that it will establish an independent committee to investigate the case involving the suspended players.
FAM deputy president S SivasundaramFAM deputy president S Sivasundaram also confirmed that the association’s secretary-general Noor Azman Rahman has been suspended with immediate effect.
Last week, Machuca, one of the seven “heritage” football players, reportedly returned to his home country following his sanction and suspension by Fifa. - Mkini

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