Recommendations To provide refugee and stateless children access to formal education, we propose several recommendations to be considered by government agencies in the long-term, including but not limited to: In order to increase access for refugee and stateless children to formal education: a) Establish the Special Committee on citizenship status for stateless children at a State level. Peninsular Malaysia is encouraged to adopt the Sarawak state government's policy on reviewing applications for stateless children, whereby a Special Committee can be tasked to review citizenship applications under Articles 14, 15, 15A, 16, 19 of the Federal Constitution submitted through the National Registration Department (JPN) in each state. Furthermore, the Special Committee may also assess the merits of citizenship application under relevant provisions based on the existing application guidelines by the Ministry of Home Affairs (MoHA). b) Issuance of temporary documentation for stateless children to allow them access to national schools. As an example, in Sarawak, the Sarawak Premier Department is in charge of issuing temporary documentation to eligible stateless children applying for citizenship under Article 15A of the Federal Constitution. This temporary document does provide opportunities for refugee and stateless children to access education services provided by the respective state governments. Due to the absence of a Premier Department in Peninsular Malaysia, a designated committee composed of relevant stakeholders can be established under the purview of the Ministry of Home Affairs to issue temporary documentation to stateless children who are applying for citizenship. From a national security perspective, ensuring that all children have access to education aids in identifying and keeping track of individuals residing within Malaysian territory. By enrolling undocumented children in schools, the government can gather essential information and maintain better oversight, contributing to national security efforts. c) Review and amend national legislation that prevent refugee and stateless children from accessing formal education. Malaysia is encouraged to review and amend the Education Act of 1996 and the Federal Constitution to reflect language comparable to that in Thailand's National Education Act and the 1997 Constitution, which emphasises that every individual has the right to an education. Article 12 of the Malaysian Federal Constitution, which has been previously explored in this policy brief, maybe a contributing factor to the government's reservation of Article 28 of the Convention on the Rights of the Child. Therefore, amending Article 12 of the Federal Constitution to allow all children to access formal education would significantly improve the lives of refugee and stateless children in Malaysia. Addressing legal barriers and providing education to all children aligns with Malaysia's best interest in cultivating an inclusive society that upholds the principle of non-discrimination. By granting equal access to education, regardless of documentation status, Malaysia demonstrates its commitment to basic rights and reinforces the notion that education is a fundamental entitlement for every child. By promoting inclusivity and eradicating barriers, Malaysia can build a more cohesive society that values and respects the rights of all its citizens, especially children. d) Government permits public schools and other formal educational institutions to enrol refugee children on the strength of UNHCR identity documents. In light of the lack of resources and expertise in handling the registration of refugee children in Malaysia, the government could rely on UNHCR registration of refugee children to enable their access to formal education in the country . Bank Negara Malaysia similarly allows banks to open accounts for refugees on the strength of UNHCR identity documents . As discussed previously, national laws in Malaysia make no distinction between asylum-seekers, stateless persons, refugees and undocumented migrants. The Malaysian government also does not recognise the UNHCR as a legitimate document as a form of identification for refugees . Therefore, it is imperative that the government recognises the importance of the identity card issued by UNHCR, to allow refugee children access to basic rights such as education and healthcare . 98 99 100 101 98 Dhillon, S. (2022, September 9). Government should partner with the UNHCR. The Malaysian Insight. https://www.themalaysianinsight.com/s/400382 99 Bank Negara Malaysia. (2020, September 1). Guidance on Verification of Individual Customers for Customer Due Diligence Anti-Money Laundering, Countering Financing of Terrorism and Targeted Financial Sanctions for Financial Institutions, Designated Non-Financial Businesses and Professions and Non-Ba. https://www.bnm.gov.my/documents/20124/914558/Guidance+on+Verification_01092020.pdf/371be831-66c9-f2fe-938f-b34f2ed966d3?t=1600740272665 100 WERN, S. (2020, August 4). Home minister says no idea how UNHCR card works, documentation not recognised by Putrajaya. Malay Mail. https://www.malaymail.com/news/malaysia/2020/08/04/home-minister-says-no-idea-how-unhcr-card-works-documentation-not-recognise/1891039 101 Kang, S. (2016, March 21). Are refugees in Malaysia a victim of their identity? Malaysiakini. https://www.malaysiakini.com/letters/334648 12