PLOS ONE
Undocumented: An examination of legal identity and education provision for children in Malaysia
“But the problem is like this—In our school, even though the student is good academically, but
he has no documents, therefore even if he wants to enter a IPT [Institute of Higher Learning
or a public university], he cannot because he is undocumented or has incomplete documents.
Because of that it is even difficult to get a [decent] job because there are no documents. That’s
the problem!” POL-04 Translated from the Malay Language
Undocumented children of undetermined citizenship. Children abandoned at birth or
‘foundlings’ are unable to prove their parentage. Thus, they are of undetermined citizenship
and are particularly vulnerable to statelessness. Our interviewees informed us that even ‘foundling’ children residing in government welfare homes were unable to register in public schools,
due to incomplete documentation. Instead, some undertake vocational training within the
welfare institutions, although they are unable to receive the Sijil Kemahiran Malaysia (Malaysian Skills Certificate), unlike their counterparts with Malaysian citizenship.
Interviewees also informed us that despite the efforts of the government welfare institutes,
some undocumented children who were institutionalised from birth may leave care at the age
of 18 years, without obtaining Malaysian citizenship.
Refugees and asylum-seekers in Peninsular Malaysia. Refugee and asylum-seekers
access informal education through learning centres, either partnered with the UNHCR or
entirely community-based. Other options include Madrasah or Tahfiz schools that focus on
Islamic religious education (run separately from the religious schools catering to Malaysians)
and private international schools for those who could afford them. Although some have
accessed public schools in the past, this is not an option for refugee and asylum-seeking children at present.
Learning centres for refugees. Learning centres are not regulated by the government, nor do
they have a standardised syllabus, teachers qualifications requirements, fee structures or
admission policies resulting in a great variety in quality. Learning centres catering for refugees
may be independent or registered with the UNHCR. As of March 2020, there were 126 learning centres recognised by UNHCR in Peninsular Malaysia, with most located within the Klang
Valley (84%). Nearly all learning centres provide pre-primary (86%) and primary education
(94%), but only one-fifth (21%) provide secondary education. While the majority use the
English language as the medium of instruction (95%), many centres also teach Bahasa Malaysia
or refugee languages [78].
The UNHCR advocates for refugee children’s access to education by providing financial
and material support to recognised learning centres. UNHCR acts as a coordinator to
enhance the quality of education for refugees by building capacity for teachers [43]. All
learning centres recognised by UNHCR are issued protection letters, stating that the agency
is fully aware and supports initiatives to provide education for the refugee community. The
letter also states that students attending the centres are ‘persons of concern’, which allows
students some protection from harassment. The UNHCR has identified six implementing
partners to serve its objectives in improving access and learning opportunities for the refugees living in Malaysia. These key partners tend to be larger education providers with stronger track records compared to smaller learning centres. A key partner may have enrolments
of up to 1,800 students at a given time.
Learning centres are not allowed to use the Malaysian syllabus, as they are not recognised as
schools by the Ministry of Education. We found that some learning centres may use a curriculum that is best described as ‘mix and match’ by interviewees. The syllabus used may be based
on Malaysian or other countries’ national syllabus and is influenced by the availability of textbooks and other resources, and instructors’ familiarity with the material. Education providers
informed that learning centres cater to the needs of the community, and for some refugee
PLOS ONE | https://doi.org/10.1371/journal.pone.0263404 February 2, 2022
14 / 26