PLOS ONE
Undocumented: An examination of legal identity and education provision for children in Malaysia
The Bajau Laut people are largely unable to speak the national language (Bahasa Malaysia)
and instead use their own distinct language (Bajau or Samal) and hold firmly to the traditional
customs, rituals, and beliefs. Due to increasing security and environmental restrictions, the
Bajau Laut people are increasingly forced to abandon their traditional, semi-nomadic lifestyle
and marine-based income. While traditionally living in houseboats, many now live on wooden
stilt houses built over the sea, without access to clean water and electricity. Being stateless and
without legal identity documents, the Bajau Laut people are excluded from state-provided education and healthcare services. Particularly marginalised, they are stuck in an intergenerational
cycle of poverty, are excluded from formal employment, and are frequently engaged in begging
and glue-sniffing [56,67,68].
(4) Undocumented indigenous people in the interior. The indigenous peoples of Malaysia
(collectively known as the Orang Asal), were estimated at around 13.7% of the country’s population in 2018. Diverse indigenous ethnic groups form a substantial proportion of the population in Sabah and Sarawak. Sarawak’s indigenous population (the Dayak or Orang Ulu)
constitutes 71% (2 million) of Sarawak’s population, while the indigenous people (natives or
Anak Negeri) make up 59% (2.3 million) of the Sabah’s population. In contrast, the indigenous
peoples of Peninsular Malaysia (Orang Asli) are a minority group of 0.7%(198,000) of the population [69,70].
The indigenous people who generally live in the remote, interior regions are at risk of statelessness due to untimely registration of births. Factors that contribute to the risk of statelessness, include (1) the financial costs and geographical difficulties traveling to the National
Registration Department usually located in towns, (2) the lack of awareness of the parents on
registering births, (3) traditional and customary marriages not recognised by the law, and (4)
home births. The border communities face additional challenges associated with cross border
migration and marriage with non-citizens, where children born only have citizenship if the
mother is a citizen.
To help resolve documentation issues in the interior regions, the Sabah state government
runs a mobile court, where village heads serve as witnesses for citizenship applications by confirming that a family has stayed in their village for several generations. Interviewees commented that resolving documentation issues among locals from the interior is more
straightforward, compared to the undocumented people of non-citizen origin or the Bajau
Laut community.
Education provision for undocumented children
Prior to 1990s, non-citizen children were able to enter public schools on a case-to-case basis
through the discretion of the school heads. Subsequent policy changes in 1990s, imposed
annual fees for non-citizen children and more stringent identity document requirements for
school entry, making it difficult for undocumented and non-citizen children to enter public
schools.
In Malaysia, education provision is governed by the Education Act 1996 (Act 550). The
2002 amendment of the Education Act made 6 years of primary education compulsory for all
Malaysian citizens aged from 6 to 12 years, without mention of non-citizen children [71].
Nevertheless, the government has permitted the establishment of an informal or alternative
education system, through learning centres run by NGOs and other stakeholders.
The National Education Policy of 2017 states that primary education is compulsory for all
children aged 6 to 12 years, and this includes non-citizens. Also, the 2018 ‘Zero Reject Policy’
allows poorly documented children of Malaysian parents entry into public schools on the condition that the children have initiated citizenship applications. See Fig 3 for the timeline of the
PLOS ONE | https://doi.org/10.1371/journal.pone.0263404 February 2, 2022
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