PLOS ONE
Undocumented: An examination of legal identity and education provision for children in Malaysia
from Myanmar (86%). The remaining 14% of refugees and asylum-seekers come from 50
other countries, including Pakistan, Yemen, Syria, Somalia, Afghanistan, Sri Lanka, Iraq, Palestine, and others. Refugees and asylum-seekers reside in urban, non-camp-settings in Peninsular Malaysia, with most located within the Klang Valley (Selangor and Kuala Lumpur)
(56%). According to the UNHCR, of the 23,823 persons of concern of school-going ages in
2017, only 30% are enrolled in community learning centres [43].
As Malaysia is not a signatory to the Refugee Convention 1951 and its 1967 Protocol [12]
the status of refugees is not recognised by the state and the state holds no legal obligation to
protect them. Under Malaysia’s Immigration Act (Act 155) [11], refugees and asylum seekers
are deemed “illegal migrants” and are subject to arrest and detention.
Refugees and asylum-seekers travel to Malaysia via air routes (with passports), or through
arduous land or sea routes (without passports). Following arrival, they would undergo
UNCHR Registration and then the Refugee Status Determination (RSD) which is a lengthy,
rigorous process to confirm refugee status [44]. The UNHCR identity card issued when refugee status is confirmed offers limited protection against the risk of arrest, while allowing for
discounted fees at public healthcare [45,46], access to education and other essential services
provided by UNHCR and partners. Unfortunately, the UNHCR identity cards have no formal
legal value in Malaysia [44], thus, refugees and asylum-seekers may still be detained in immigration detention centres.
In general, refugees and asylum-seekers have three long-term solutions: (i) voluntary
repatriation to their home country, (ii) local integration in the host country, and (iii) resettlement to a third country [19]. As a non-signatory to the 1951 Refugee Convention, local
integration is not a formal option for refugees in Malaysia. Malaysia is therefore considered
a transit country for refugees and asylum seekers. However, as repatriation is only possible
for some and resettlements are rare, refugees tend to experience protracted stays in Malaysia. This leaves refugees in uncertainty, potentially for decades, without formal, robust protection or the provision of basic human rights, such as the right to work, security,
healthcare, and education.
Identity, marginalisation, and privilege. The most vulnerable among the refugee population is arguably the Rohingyas, who not only had to flee from systematic socio-historical
persecution but are also stateless. As such, they are not recognised as citizens of any country
and have nowhere to return to. First arriving in Malaysia in the 1990s, the Rohingyas are
the largest refugee group in Malaysia with over 140,000 people [47]. Compared to other refugee groups, the Rohingyas have been in Malaysia for several generations and over three
decades among Malay-speaking communities. They are typically fluent in the spoken Malay
language, which helps them to integrate with the local population to a certain extent. There
have also been cases of “nominal adoption”, where Malaysian locals adopt Rohingya children to enable some access to public education while allowing the children to remain with
their biological family. Rohingya children may access refugee learning centres, madrasahs
or tahfiz run by the Rohingya communities. Nevertheless, interviewees highlighted that the
Rohingya children have poorer educational attainment as they experience more prolonged
marginalisation and discrimination compared to other refugee groups. This, along with the
practice of child marriage, may influence the lack of parental support for post-primary education, especially for girls.
In contrast, Middle Eastern refugees tend to hold more positive attitudes towards education
compared to Rohingya refugees. Middle Eastern refugees tend to be of a higher socioeconomic
status, more educated and may have held professional jobs in countries of origin. Consequently, there are different levels of school readiness, educational experiences, family support
and expectations for children of the same age group.
PLOS ONE | https://doi.org/10.1371/journal.pone.0263404 February 2, 2022
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