system by stating that, “Having a red-coloured birth certificate is not a free pass for them (foreign children) to obtain MyKad and be recognized as a citizen” 14. According to the current practice, a child’s nationality status in the red Birth Certificate is stated as either “bukan warganegara” (non-citizen) or “belum ditentukan” (undetermined). Such birth certificates are not only issued to children of foreign nationals born in Malaysia, but also to children born out of wedlock to Malaysian parents as well as to children who could not prove their link to their Malaysian parents. This implies that the holders of the red BC do not have access to citizenship through either one of the parents. Apart from the non-possession of BC, there are other challenges faced by the grassroots community in relation to the BC, based on DHRRA’s observation and intervention. This includes the non-acceptance of children to school if their Birth Certificate does not carry the father’s name or if their mother’s detail is incomplete. A father’s name may be omitted from the BC if the father, who is not legally married to the child’s Malaysian mother, goes to the NRD for registration of the child once the mother abandons the child. In such situation, according to the current practice, the NRD will opt to include the father’s name as informer only. In the past, a confirmation that either one of the parents is a Malaysian is required for a child to be accepted into a government school. In some cases where the father’s details are not available, the child will be accepted to school provided the parents or guardians of the child is able to pay a levy of RM120 for primary school and RM240 for secondary school. The cost of text books and exam fees will be borne by the child’s parents or guardians. Further, there are special procedures to be followed during board examination (UPSR, PT3 and SPM). The children will only be allowed to enrol in government schools if the parents or guardians have applied or are in the process of applying for the necessary adoption or citizenship documents for their children. The below scenario highlights the plight of a child who has been identified as non- citizen” in his BC to access education: “Mrs.Padmini (a government servant) sought DHRRA’s assistance in July 2019, to facilitate citizen application for her 6 years old adopted child, Pharvin. She and her late husband (an Immigration officer) had adopted Pharvin from a welfare home on 22nd November 2012. Subsequently, a new birth certificate was issued in 2014 for the child according to Section 25 (2) Child Adoption Act 1952 with her and her husband’s name stated as the parents of the child. The document however stated the child’s citizenship status as ‘non citizen’. She lost her husband in 2017, and encountered more problems when she enrolled her child in a government school in 2019. The Education Department advised that her child could not continue studying in the government school without a citizenship status. She was requested to apply passport through the Immigration Department to enable the child to continue studying. However, the child’s biological parents were not traceable, which rendered him stateless.” 3. CATEGORIES OF STATELESSNESS IN MALAYSIA 14 The Rakyat Post. (2014) November 4th. Red-coloured birth certificate not free pass for Mykad, says Sabah NRD chief. [online] Available at: https://www.therakyatpost.com/2014/11/04/red-coloured-birth-certificate-free-pass-mykad-says-sabahnrd-chief/ [Accessed 4 Nov. 2019]. DHRRA Malaysia Page 9 of 29