d) LACK OF DOCUMENTATION The absence of official documents, such as birth certificates or identification cards, hinders children from enrolling in formal education institutions. The complex and bureaucratic processes involved in obtaining valid identification can be overwhelming and burdensome for some refugee and stateless families, exacerbating their marginalisation and hindering their integration into society. Allowing refugees in public schools doesn't deplete local resources; it can enhance them, as evidenced by Pakistan's compassionate approach to granting Afghan refugees access to schools, which has improved social cohesion between refugees and their host communities71. The Refugee Affected and Hosting Area (RAHA) education interventions aim to direct vital investments into Pakistan’s national education system with a view to improving its absorption capacity and quality of services, which benefits both refugee and Pakistani children alike72. Looking back to the Malaysian context, in Sabah, the situation remains complex, and the stateless population is increasing without a tangible solution in sight73. Addressing the lack of documentation for refugee and stateless children to access education requires a multifaceted approach that tackles both political and societal challenges. Furthermore, awareness amongst Malaysians on the importance and urgency of documentation to access basic human rights remains an important issue to be addressed. As in Sarawak, there is efficient responsibility sharing between the State Education Department of Sarawak National Registration Department, and other government agencies to assist stateless children in registering for schools in the state74. There may be possibilities for similar responsibility sharing in the documentation of refugee children, taking advantage of UNHCR registration of the refugee population in Malaysia. Taking a holistic approach is crucial in addressing the lack of documentation for education access75. It requires the active involvement of all relevant parties. Additionally, efforts should be made to provide legal pathways for documentation and identification, enabling these children to access education. e) INSUFFICIENT INFRASTRUCTURE The Malaysian Government has sustained high levels of investment in education over the 55 years since independence76. In 2017, around 90.9% of students were enrolled in some form of preschool education77. Primary education had attained an enrolment rate of 97.9% in 2017 compared to 92% in the 1980s78. The upper secondary level saw the most significant improvement, with enrolment nearly doubling from 45% to 84.48% in the same year79. However, these enrolment rates do not account for refugee and stateless children in Malaysia, meaning there is still a significant number of children not enrolled in schools. Even if refugee children were allowed to enrol in public schools, the availability of seats and the provision of public schools are limited80, especially in urban areas where most of them reside. While the rural schools have low enrolment, which makes up to 3,017 schools with less than 150 students each, they are inaccessible for refugees81. Moreover, the provision of secondary education is more inadequate and challenging, as it entails higher costs, more teachers, and specialised facilities82. The double-shift system is an innovative approach to cope with the infrastructure challenges of accommodating more children, especially in urban settings. In a double-shift school, local children can attend during one part of the day, with refugee and stateless children getting their schooling in the “next shift”. Although there may be challenges, double-shift schooling is a promising approach that Malaysia could consider exploring to accommodate refugee and stateless children in the country. One of the primary advantages is the optimal use of infrastructure, reducing the need for additional construction or the establishment of separate schools. f) LEGAL BARRIERS Globally, statelessness correlates with the lack of citizenship of an individual. In Malaysia, the laws governing citizenship can be found in Articles 14, 15,15A,16 and 16A of the Federal Constitution. Article 14(1)(b) highlights that a person gains citizenship automatically by law if born on or after Malaysia Day83 , has at least a parent who is a Malaysian citizen or a permanent resident84. Individuals may also gain citizenship through registration under Article 15 of the Federal Constitution. In addition, the Federal government has the discretion to grant citizenship to anyone who is under the age of 21 as specified under Article 15A85. Nevertheless, it is not a guarantee that a stateless child may attain citizenship under Article 15A as the decision is made at the discretion of the Minister of Home Affairs86. If the minister were to reject the application, the citizenship application would likewise be subject to revocation, and no justification would be necessary87. Hence, obtaining citizenship under the Federal Constitution is a challenging procedure, causing stateless children to lose the opportunity to receive education if their application is unsuccessful until they have passed the age to enrol into school88. In addition, Article 14(1)(b) reflects the jus sanguinis principle on which Malaysian citizenship laws are based, which holds that nationality is a right by blood89. Since statelessness affects generations and inevitably prevents many children from enrolling into schools, this has resulted in generational statelessness, especially in -Sabah, East Malaysia90. Furthermore, the government of Malaysia also maintains its reservations on Article 7 and Article 28(1)(a) of the Convention on the Rights of the Child. 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 card as a legitimate document as a form of identification for refugees91. g) INSUFFICIENT PARENTAL INVOLVEMENT Engaging parents can play an important role in helping undocumented children integrate into the school system. Furthermore, engaging parents and families can help address the need for refugee children bonding and social support92. Some countries put in place particular policies to support immigrant and refugee parents. However, a common challenge faced is the apathy among parents that impacts their children’s enrolment in schools. Schooling becomes less essential, and expectations for the children's academic achievement may be low when families experience economic and social hardships93. Parents may not have enough information to assess the return on an investment in their children's education, or they may see the return—sometimes correctly—as too low to justify the cost, perhaps because of the perceived poor quality of the education available to them. They may believe that jobs in the local economy require academic skills or that getting a job depends more on personal connections than on skill94.When this happens, parents will withdraw their kids from school because they believe that it is not a good investment to send them to school when they can start working immediately95. In stateless communities, many live day to day, never mind having any savings for essential necessities like food or medical care. Some of them are compelled to beg for money in towns and city centres where they may be seen hanging around near tourist attractions and traffic lights, drawing sympathy from passing drivers and visitors96. In 2019, the struggles of a mother, Ms. Asmida, were addressed in a media article emphasising the lives of stateless children in Sabah. Mr. Suhidin, her husband, is a fisherman and makes only RM500 (US$119.28) per month, or less than half the RM1,100 (US$ 238.40) minimum wage set by the government. In situations when the family's food situation worsens, her two kids spend their afternoons gathering recyclable rubbish from the landfill to sell in Sandakan97. This creates a cycle of poverty and marginalisation that deprives children of their right to education and their potential for social and economic development. 71 United Nations High Commissioner for Refugees. (2021). Final Education Factsheet: 10 years of RAHA in Pakistan. https://www.unhcr.org/pk/wp-content/uploads/sites/103/2021/04/RAHA-Factsheet-Education.pdf 72 ibid 73 Marisa, A., & Mah, A. (2023, April 12). Documenting the Undocumented: The Struggle for a Legal Identity. New Naratif. https://newnaratif.com/documenting-the-undocumented/ 74 Step up efforts to help stateless children, Sarawak minister tells Putrajaya. (2022, May 21). MalaysiaNow. https://www.malaysianow.com/news/2022/05/22/step-up-efforts-to-help-stateless-children-sarawak-minister-tells-putrajaya 75 Point brought up during breakout room sessions at roundtable discussion Isu ini telah dibangkitkan oleh peserta semasa sesi berkumpulan dalam perbincangan meja bulat. 76 Prime Minister's Office (PMO) (Ed.). (2019). Executive Summary: Malaysia Education Blueprint [2013-2025](Preschool to Post-Secondary Education). https://www.pmo.gov.my/wp-content/uploads/2019/07/Malaysia-Education-Blueprint-2013-2025.pdf 77 Economic Planning Unit, 2018. Mid-term Review of the Eleventh Malaysia Plan 2016-2020. Putrajaya: Economic Planning Unit.https://www.epu.gov.my/en/economic-developments/development-plans/rmk/mid-term-review-eleventh-malaysia-plan-2016-2020 78 ibid 79 ibid 80 United Nations Educational, Scientific and Cultural Organization (UNESCO) (Ed.). (2019). Enforcing the right to education of refugees: a policy perspective. Working Papers on Education Policy. file:///C:/Users/Hp/Downloads/366839eng.pdf 81 https://www.malaysiakini.com/news/634945 82 United Nations High Commissioner for Refugees (UNHCR). (2015, July). SECONDARY EDUCATION FOR REFUGEE ADOLESCENTS. Education: Issue Brief 6. https://www.unhcr.org/media/33084 83 After 19 September 1963. 84 Article 14(1)(b) Federal Constitution of Malaysia 85 Article 15A of the Federal Constitution of Malaysia 86 Liew, J. C. Y. (2019). Homegrown statelessness in Malaysia and the promise of the principle of genuine and effective links. Statelessness and Citizen Review, 1, 95. https://statelessnessandcitizenshipreview.com/index.php/journal/article/download/1 3/11/ 87 Rostam, N. H., Ahmad, N. H., Murshid, N. S. A. M., Attas, R. N. M., Rahmat, N. E., & Othman, A. (2022). A Legal Analysis of Stateless Children and Their Rights to Education in Malaysia: A Comparative Study with Thailand. International Journal of Academic Research in Progressive Education and Development, 11(3), 1711–1726 88 ibid 89 Article 14(1)(b) Federal Constitution of Malaysia 90 Liew, J. C. Y. (2019). Homegrown statelessness in Malaysia and the promise of the principle of genuine and effective links. Statelessness and Citizen Review, 1, 95. https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/13/11 91 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 92 Cerna, L. (2019, May 13). REFUGEE EDUCATION: INTEGRATION MODELS AND PRACTICES IN OECD COUNTRIES. https://one.oecd.org/document/EDU/WKP(2019)11/En/pdf 93 Mortimer, J. T., Zhang, F. L., Hussemann, J., & Wu, C. Y., 2014. Parental Economic Hardship and Children’s Achievement Orientations. Longitudinal and life course studies, 5(2), 105–128. doi:10.14301/llcs.v5i2.271; Kementerian Pendidikan Malaysia, 2016b. Kajian kebolehlaksanaan kelas bercantum dan pengajaran pelbagai gred di sekolah berenrolmen 50 ke bawah 94 Hillman, A. L. (n.d.). Economic Issues No. 33 - Educating Children in Poor Countries. International Monetary Fund. https://www.imf.org/external/pubs/ft/issues/issues33/ 95 United Nations Children's Fund Malaysia. (2019). Children Out of School: The Sabah Context. https://www.unicef.org/malaysia/media/921/file/Out%20of%20School%20children%20%20(OOSCI)%20Accessible%20version.pdf 96 Can Stateless Communities Find Work In Malaysia? (2021, March 2). Wiki Impact. https://www.wikiimpact.com/can-stateless-communities-find-work-in-malaysia/ 97 A. Yusof. (2019). Living in a sea of trash: Sabah’s stateless children face bleak future. Channel News Asia. https://www.channelnewsasia.com/news/asia/sabah-stateless-children-sea-gypsies-bajau-laut-11561194 11