Birth Registration Problem in Sabah

There is an increasing number of cases where the Registrar of Births and Deaths refuse to produce a birth a certificate for a newborn child. And in cases where the Registrar of Births and Deaths do issue birth certificates, there are complaints that the Registrar refuse to enter the father’s name on the birth certificate.

Most of the cases involve non-Muslim couples especially natives such as the Kadazandusuns and Muruts and in some cases involve Chinese and Indians. The reason given by the Registrar of Births and Deaths is that a marriage is not recorded on the National Registration Department’s (NRD) database. Or that the marriage is not recognized by the NRD.

However when we look back at the Registration of Births and Deaths Ordinance 1951, there is not a single phrase which say that the Registrar of Births and Deaths shall not issue a birth certificate or shall omit the father’s name if a marriage certificate is not available.
In fact even in cases where there is proof that a child is born out of wedlock, the Registrar of Births and Deaths is obliged to include the father’s name.

The practice of the Registrar of Births and Deaths nowadays is to ask for the parents’ marriage certificate. Since many Kadazandusun and Murut marriages are solemnized according to native laws, there is a tendency for the Registrar of Births and Deaths to refuse to issue a birth certificate. And there are also many Kadazandusun and Murut marriages that are solemnized according to church rites, and the only marriage certificate issued is the church marriage certificate which is not recognized by the Registrar of Births and Deaths.

The questions we should ask are:

1. What business is it of the Registrar of Births and Deaths to ask for a marriage certificate? Please bear in mind that the Registration of Births and Deaths Ordinance 1951 does not require it.

2. What authority does the Registrar of Births and Deaths have to not recognize a marriage? Please remember that Registration of Births and Deaths Ordinance 1951 does not confer any authority to the Registrar to recognize or not recognize a marriage;

3. The Registrar of Marriages meanwhile does not recognize marriages which are not recorded on the NRD’s database though the married persons might have a certificate from the Natives Court or the Assistant Registrar of Marriage (i.e; priest). Where does it say in the Law Reform Act (Marriage and Divorce) 1976 that for a marriage to be valid it has to appear on the database? Please remember that a marriage certificate issued by the Natives Court (Natives Court Enactment 1992) or the church is as valid. (church marriages are recognized by the Marriage Validation Ordinance 1960)

It is believed that the Registrar of Births and Deaths is making a subtle attempt to reduce the number of non-Muslim birth registrations in Sabah. It is also very cruel of them not to include a father’s name on a child’s birth certificate. It is a stigma for people to be considered as children-out-of-wedlock, especially in the conservative society we live in.

Yet it seems that the Registrar of Births and Deaths does not seem to care. Instead of doing the job they are supposed to do, they are becoming marriage investigators.

And another question we should ask is why should the Registrar of Births and Deaths be answerable to the Director-General of Registration. The Director-General of Registration is provided for by the National Registration Act 1959, while the Registrar of Births and Deaths’ post is provided for by the Registration of Births and Deaths Ordinance 1951 (for Sabah).

It is also a well-known fact that marriages contracted according to state Syariah law are accepted without question. Since many illegal immigrants and Project IC* holders are Muslims, they are married according to this law. So we also know now that many foreigners find it easier to obtain a birth certificate for their children than some of our locals.
It is also very saddening that many of the victims of the Registrar of Births and Deaths are poor rural folks who know little of the law. If any of you have any problems with registering a birth, please consult a lawyer. Also familiarize yourselves with the laws mentioned above. Remember, the Registrar of Births and Deaths have no right to refuse you a birth certificate for your child, and it has no right not to include the father’s name on it!

*citizenship card issued by fraudulent means to foreigners