PLOS ONE
Undocumented: An examination of legal identity and education provision for children in Malaysia
children born outside of a legitimate marriage. Also, Malaysia is one of the twenty-five countries to deny women the right to pass their citizenship to their children on an equal basis with
men [94]. The Federal constitution does not allow automatic citizenship for children born
abroad to Malaysian women married to foreign spouses, despite Malaysian men being able to
do so. While Malaysian parents can apply for citizenship for their children, decisions may take
years and rejections are common. Gender discriminatory citizenship laws place children at
risk of statelessness if they are unable to obtain citizenship from the other parent [95,96]. Nevertheless, children with citizenship claims have more options compared to other undocumented children. The ‘Zero Reject Policy’ was launched to ease public school entry for
undocumented children of Malaysian parentage, giving parents two years to produce Malaysian identity documents for their children [73]. Unfortunately, uniform implementation of
this policy has not been ensured on a national basis [97,98], with some schools refusing admittance of stateless children without documents to prove Malaysian citizenship.
Children born in Malaysia to non-citizen parents or those with undetermined parentage
receive few entitlements [99,100]. The future is particularly bleak for undocumented and stateless children without identity documents or pathways to citizenship, as they have little prospect
for post-secondary education or formal employment. The policy environment may be influenced by the lack of public sympathy and political will towards improving the rights of undocumented children without Malaysian parentage. The sizable population of undocumented
persons in Sabah, despite some being born and raised locally, garners little positive attention
from locals as they are perceived as outsiders competing for limited jobs and are blamed for a
range of social ills [52,101]. Also, the state government regularly shuts down community learning centres [102–104].
For the refugee communities in Peninsular Malaysia, the alternate education system
appears to be more structured with partial oversight from the UNHCR. Several centres prepare
children to take international school-leaving examinations towards future resettlement. However, since learning centres aren’t regulated by the government, there are inconsistencies in
terms of syllabus, teachers, and facilities. Certain communities may be better able to navigate
the alternate education system, while marginalised communities like the Rohingya have
unequal access. Refugee children have even entered private universities on scholarships
[105,106]. However, university enrolment is limited by administrative requirements of passports and student passes which many refugees have difficulty obtaining, recognition of prior
learning and prohibitive costs [107,108].
Situating refugee education in its global context, global trends towards protracted situations
affecting 15.9 million refugees or 78% of all refugees as of 2018 [109] forces us to rethink the
suitability of short-term education responses that are neither certified nor monitored by the
host countries. As such, the UNHCR Refugee Education 2030 strategy [110] envisions the
inclusion of refugees and stateless children into the national education system as the best
option for persons of concern and their hosting communities. The strategy discourages investment in informal education as substitutes for formal education without accredited learning
while acknowledging the importance of collaboration with Ministers of Education and the
financial and technical support required from the international community [110].
Providing education to all children from a young age is a positive move that would allow
children to thrive and eventually contribute to the nation [111,112]. It is estimated that if education is provided to refugees at par with the Malaysian population, refugee contributions to
the GDP would increase to over RM6.5 billion annually by 2040, with annual tax contributions
of over RM250 million [113].
Successful examples of nations that integrate non-citizen children into their national
education systems may be found among European Union member states and countries
PLOS ONE | https://doi.org/10.1371/journal.pone.0263404 February 2, 2022
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