Moreover, it is important Malaysia takes into consideration the best practices of neighbouring countries such as Thailand
when granting the right to education for refugee and stateless children in Malaysia. In Thailand, the government adopted the
“Education for All” policy that allows all children, including non-Thai youngsters, free universal education in public schools.
This “Education for All” policy introduced in 2005 has also benefited refugee children. Thailand hosts an estimated of 95,000
refugees, including 36% of whom are children43. There are over 145,000 migrant and refugee children enrolled in government
schools44. Although the exact number of stateless persons globally is unknown, Thailand is estimated to have the fourth
largest population of stateless persons, while Malaysia is ranked 16th45. To expand on its achievements in lowering the vulnerability of stateless persons, Thailand undertakes to consider further changes to its Nationality Act and incorporate better
access to birth registration and personal documentation services, including late birth registration46.
Thailand’s Civil Registration Act 2008 provides that every child born in the country, regardless of their parents’ status, will be
given an official birth certificate⁴⁷. This would allow stateless persons to remain in the country and access basic necessities
such as education and healthcare48. In Thailand, regardless of their legal status, every child has the right to education49 . Many
progressive measures have been taken and put into effect by the Thai government. Children in Thailand who lack legal status
have access to education at all levels according to the Royal Thai Government Cabinet Resolution for Unregistered Persons
in 200550. Stateless children may enrol in education programmes at every level in public and private institutions, and upon
completion, academic credentials are awarded51.
Safe Distancing
and Spacing
It should be noted that Thailand’s Ministry of Education has mandated that all children have the right to at least twelve years
of free, high-quality primary education, with the first nine years being compulsory as stipulated in Thailand’s National Education Act 199952. Additionally, the Thai government implemented a policy where schools were reimbursed the tuition fee for
each migrant child based on a specified and equal rate to a Thai child53. Thailand has also established Migrant Learning
Centres (MLCs) where migrant parents can send their children to receive education54. Furthermore, the Equitable Education
Fund (EEF) was established to reduce education inequalities through research, teacher development, and direct financial
support for vulnerable children, regardless of legal status or nationality55.
43
44
45
46
47
48
48
50
51
52
53
54
55
United Nations Children's Fund (UNICEF). (2019, June 22). Education Knows No Border: A Collection of Good Practices and Lessons Learned on Migrant Education in Thailand. https://www.unicef.org/thailand/media/3696/file/Education%20knows%20no%20border%20-%20report.pdf
ibid
Worster, W. T. (2019). The obligation to grant nationality to stateless children under customary international law. Michigan State International Law Review, vol 27(3). 469.
Rahmat, N. E., Randawar, D. K., Jayabalan, S., Razak, M. U. A., & Azmi, I. I. (2021). Revisiting the Laws and Policies Related to Educational Rights of Stateless Children in Malaysia. International Journal of Academic Research in Progressive Education and Development, 10(3), 1174–1184.
Thailand Annual Human Rights Report, 2010. https://2009-2017.state.gov/j/drl/rls/hrrpt/2010/eap/154403.htm
Rahmat, N. E., Randawar, D. K., Jayabalan, S., Razak, M. U. A., & Azmi, I. I. (2021). Revisiting the Laws and Policies Related to Educational Rights of Stateless Children in Malaysia. International Journal of Academic Research in Progressive Education and Development, 10(3), 1174–1184
UNESCO Office Bangkok and Regional Bureau for Education in Asia and the Pacific. (2013-2015). https://unesdoc.unesco.org/query?q=Corporate:%20%22UNESCO%20Office%20Bangkok%20and%20Regional%20Bureau%20for%20Education%20in%20Asia%20and%20the%20Pacific%22&sf=sf:*
ibid
Rahmat, N. E., Randawar, D. K., Jayabalan, S., Razak, M. U. A., & Azmi, I. I. (2021). Revisiting the Laws and Policies Related to Educational Rights of Stateless Children in Malaysia. International Journal of Academic Research in Progressive Education and Development, 10(3), 1174–1184
Tuangratananon, T. (2019, February 1). Education Policy for Migrant Children in Thailand and How It Really Happens; A Case Study of Ranong Province, Thailand. International Journal of Environment Research and Public Health. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6388250/pdf/ijerph-16-00430.pdf
ibid
ibid
Equitable Education Fund (EEF) Brochure, https://www.eef.or.th/wp-content/uploads/2019/07/eef_brochureEng.pdf
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