Lack of documentation
14. Despite the right of every child to legal identity, UNICEF estimates approximately 166 million
children – or a quarter of the children born in the world today - have no legal document
proving their existence12. Stateless children are amongst those often deprived of birth
certificates and other identification documents which are usually essential to secure school
enrolment, thereby directly impacting their ability to access education. There is a clear nexus
between lack of documentation and the denial of education, despite guarantees in national
legal frameworks guaranteeing education for all.
15. The Constitution of the Islamic Republic of Pakistan guarantees free and compulsory
education to all children aged five to sixteen years13, yet 22.8 million children between the
age of 5-16 are out of school (almost half of the total population in this age group).14 Pakistan
is home to several ethnic minorities including Biharis, Bengalis and Rohingya, many of whom
were born in Pakistan and whose ancestors have resided there for generations. Despite being
born in Pakistan, which provides for unconditional jus soli in its nationality law, many children
born into these ethnic minorities are stateless or at risk of statelessness due to lack of
documentation and procedural obstacles to acquire nationality. For these children, the
prospect of acquiring documentation such as a Child Registration Certificate or Juvenile Cards
which prove citizenship and are compulsory for school registration remains a challenge and
presents a significant barrier for them to access public education.
16. In Malaysia, public education is governed by the Education Act 1996 (Act 550) and is generally
reserved for Malaysian nationals or at the very least, children with one Malaysian parent.
According to UNHCR, Malaysia has a population of at least 10,000 stateless people in Western
Malaysia alone15, and a further unknown number of stateless people reside in Eastern
Malaysia. Research undertaken by PLOS One revealed a complex set of government policies
applied to undocumented and stateless children in Malaysia.16 Most undocumented and
stateless children in Malaysia must rely on informal education provided by alternative or
community learning centres that typically lack standardised curricula, resources, and
accreditation for education progression beyond primary levels. Stateless Rohingya children in
Peninsular Malaysia and the Bajau Laut children in Sabah are amongst the most marginalised
and are forced to rely on alternative learning centres not recognised or regulated by the state.
Implications for stateless children excluded from education
17. Education is considered an empowering right which plays a fundamental role in alleviating
poverty for the most marginalised groups. Access to good quality education has a
transformative effect on the trajectory of a child’s life, and for stateless children, represents
the difference between the potential to live a fulfilling, self-sufficient life, rather than one
trapped in a cycle of discrimination and deprivation. Here, the submission presents a synthesis
of discussions and conclusions from ISI’s Roundtable on Education convened in September
2022 with civil society partners working with stateless communities across different national
contexts.
12
United Nations Children’s Fund (UNICEF), available at Birth registration | UNICEF
Article 25-A of the Constitution of Pakistan, Constitution of Pakistan (1973; in English).
14 United Nations Children’s Fund (UNICEF), available at Education | UNICEF Pakistan
15 United Nations High Commissioner for Refugees (UNHCR), available at UNHCR - Ending Statelessness in Malaysia
16 Loganathan T, Chan ZX, Hassan F, Ong ZL, Majid HA (2022) Undocumented: An examination of legal identity and education provision for
children in Malaysia. PLoS ONE 17(2): e0263404. https://doi.org/10.1371/journal. pone.0263404
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