Wednesday, April 13, 2011

HRP Letter to P.M: latest Education Ministry Directive stops Eight (8) Indian poor children denied Birth Certificates from even attending Tamil Primary school.

Copy of BC


No.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur. Tel : 03-2282 5241

Fax : 03-2282 5241 Fax: 03-2282 5245

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In Reply :

Date : 12/4/2011
YAB. Dato Seri Najib Razak,

Prime Minister of Malaysia,

Block Utama Bangunan Perdana Putra, Fax : 03-8888 3444

Pusat Pentadbiran Kerajaan Persekutuan,

62502 Putrajaya. E-Mail :

Y.B Tan Sri Muhyiddin Yassin

Minister of Education Malaysia,

Pejabat Menteri Pelajaran,

Aras 10, Block E8,

Complex Kerajaan Parcal E, Fax : 03-8889 5846

62604 Putrajaya. E-Mail :

Dear Sirs,

Re : 1) Latest Education Ministry Directive stops Eight (8) Indian poor children denied Birth Certificates from even attending Tamil Primary school.

2) Revoke this racist directive affecting 150,000 Indian poor children nationwide and never heard of anywhere else in the world


Because of the UMNO led government’s implementation of their racist policies for 54 long years, an estimated 150,000 up to even sixth generation Malaysian born poor Indian children have been made stateless by having been arbitrarily denied their innate right to their Birth Certificates by the racist UMNO National registration Department.

The 523 Tamil school headmasters nationwide were mostly sympathetic took pity and admitted these poor Indian children into their schools. This secured them at least a primary school education. But unlike in the Tamil Primary schools, the almost all Malay muslim secondary school Headmasters deny these children their very basic right to continue with Secondary School education, Skills Training and thereafter Higher and University education.

But in an early 2008 Directive by the then Education Minister, Tamil school headmasters were issued a written directive not to admit these poor Indian children denied birth certificates into their schools.

And today The Star reports the plight eight (8) poor Indian children all from one school alone aged between 7 to 12 years old who were denied their Birth Certificates and were locked out and stopped from entering their Linsun Estate Tamil School Seremban since 24/2/2011 because of the latest directive from the Education Minister. (The Star 12/4/11 at page N 3).

To add insult to injury vide this new directive to the (523) Tamil school Headmasters and Headmistress, they are now ordered to pay a fine of RM 1,000.00 which is to be paid out from their very own pocket for their “offence” in merely facilitating primary school education for poor Indian children as per Section 28 of the United Nations Convention on the rights of the child provides for compulsory and free education for all children. This was adopted by the U.N. General Assembly in November 1989. Malaysia ratified the convention in 1995. Article 2 of the same provides for the child’s right to non discrimination. Article 14 provides for the child’s right to freedom of religion

This is in direct contravention of the pseudo One Malay-sian UMNO government policy announced by the Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil who had said “Malaysian children without birth

certificates can now attend government-aided schools provided they have a referral from the Social welfare Department (JKM)”. (see The Star Online Friday May 15, 2009). In any event the then Education Minister Hishamuddin had earlier also said that Children who do not have birth certificates can now be enrolled in school/s as long as their parents obtain a confirmation letter from their village headman or the Village Development and Safety Committee (JKKK) head.

Education Minister Datuk Seri Hishammuddin Tun Hussein said under present regulations, children who do not have birth certificates cannot attend school.

“This is a Cabinet decision and takes effect immediately. These children no longer need to wait for confirmation from the National Registration Department,” he told reporters after chairing a meeting between his ministry and the Plantation and Commodities Ministry.

All school heads have been directed to accept these pupils, he added. (The Star Online 23/2/2008)

But somehow the UMNO Biro Tata Negara racist policies implementation seem to take precedence and which has become the racist and religious supremacist order of the day.

We hereby call upon the Education Minister and the UMNO led government of Malay-sia to forthwith withdraw this racist written directive and allow all these eight (8) poor Indian children to attend school.

Kindly also issue a written directive to allow all the estimated thousands of such poor Indian children nationwide to attend school, skills training, higher education etc.

This is the right thing to do as according to the Child Act it is an offence punishable with at least six (6) months jail for not enrolling their child into primary schools.

We hereby also urge the government of Malay-sia to also forthwith grant Birth Certificates to all the estimated 150,000 such poor Indian children and another estimated 300,000 adult Indian poor denied their innate Identity Cards.

Thank you,

Yours faithfully,


P. Uthayakumar

Secretary General (pro tem)

c.c 1) Mr. Kamal Malhotra

UN Resident Coordinator

United Nations Malaysia

Wisma UN, Block C, Kompleks

Pejabat Damansara, Jalan Dungun,

Damansara Heights, Fax No: 603-2095 2870

50490 Kuala Lumpur, . Email: Malaysia

(Kindly treat this as our formal complaint and take the necessary action accordingly).

c.c 2) Ms Navanethem Pillay

United Nations High Commissioner for Human Rights

Office of the Nations High Commissioner of

Human Rights (OHCHR)

Palais Wilson, 52 rue des Paquis

CH-1201 Geneva, Switzerland. Fax: +41-22-917-9006

(Kindly treat this as our formal complaint and take the necessary action accordingly).

c.c 3) Mr. Vernon Munoz Villalobos

UN Special Rapporteur on the Right to Education

United Nations Human Rights Council

PO BOX: 1245-1007 San Jose, Costa Rica Fax: (506) 2248-0991


(Kindly treat this as our formal complaint and take the necessary action accordingly).

c.c 4) UNESCO

7 Place de Fontenoy, 75352 Paris 07 SP

France. Fax: +33-1-4567-1690

(Kindly treat this as our formal complaint and take the necessary action accordingly).