Lawyer Slams Improbable Heritage Citizenship For Footballers

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A human rights lawyer has questioned the legality of the naturalisation process that saw seven foreign-born footballers from Argentina, Brazil and Spain granted Malaysian citizenship.
Eric Paulsen claimed that Home Minister Safuddin Nasution Ismail's recent justification that the players were eligible under Article 19 of the Federal Constitution because of ancestral links to Malaysia does not stand up to scrutiny.
"The home minister claimed that the seven so-called heritage players were naturalised properly via Article 19 of the Federal Constitution.
"He further explained that under this provision, those who are connected to the country through ‘their family lineage, whether through their father, mother, grandfather, grandmother, or ancestors… with a connection, having lived there… originating from Malaysia’.
“Such a take, acquiring citizenship through lineage for those whose forefathers were born or were permanent residents in the territory that is now Malaysia, is not found in Article 19," Paulsen told Malaysiakini.
Home Minister Saifuddin Nasution IsmailThe lawyer pointed out that Article 19 sets out strict conditions for naturalisation - the applicant must have resided in Malaysia for at least 10 years, be of good character, and demonstrate adequate knowledge of the Malay language.
"These are the pre-conditions to applying for naturalisation. The seven players from Argentina, Brazil and Spain who until recently have not resided in the country could not have satisfied the period of residence requirement," he added.
Paulsen stressed that the residence requirement is clear and unambiguous, with no room or provision for Saifuddin to grant an exemption or improvise.
Document scandal
On Sept 26, the International Federation of Association Football (Fifa) announced that it had imposed sanctions against the Football Association of Malaysia (FAM) and 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.
Fifa 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.
FAM acting president Yusoff Mahadi said he would file an appeal.
On Sept 29, Bernama reported FAM secretary-general Noor Azman Rahman saying that a technical error was identified in the document submission process for the players. The nature of the so-called error has not been made public.
This prompted DAP legal bureau chairperson Ramkarpal Singh to urge FAM to disclose the technical mistake that led to the Fifa fines.
'National and international scandal'
Labelling the episode “a national and international scandal”, Paulsen said the authorities must explain how improbable claims of ancestry were accepted without question.
"What sort of cogent evidence was provided to support these improbable claims that convinced the authorities to fast-track not one, but seven foreign players through the naturalisation process, which usually take many years to complete due to the onerous requirements, including adequate knowledge of the Malay language?" he further questioned.
He also urged the Home Ministry, the National Registration Department, FAM, and all parties involved to be transparent.
"There are no shortcuts in life and in football. Better to emulate the likes of Japan and South Korea and work with grassroots football with a long-term plan rather than such quick and too-good-to-be-true schemes," Paulsen added.
Critics have previously questioned why footballers could get citizenship while the process seemed difficult for the stateless who were born in the country to at least one Malaysian parent. - Mkini

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