THE Centre For Human Rights Research and Advocacy (CENTHRA) calls on the government to undertake a comprehensive review of issues concerning undocumented children as highlighted during the visit of Education Minister, Fadlina Sidek, to Pusat Pembangunan Minda Insan (PPMI), Kampung Kabok in Kunak, recently.

Her visit saw critical issues that require urgent attention and the lack of proper access to education for these stateless kids due to their undocumented status.

The heart of the matter lies in the fundamental denial of these children's access to proper documentation which effectively prevented them from registering themselves as individuals with clear status, including as Malaysian citizens.

This documentation issue must be resolved by the government before effective measures can be taken to address their educational needs. The government must move beyond rhetoric and take concrete actions to rectify the situation.

Addressing the Urgent Issue at Hand

While CENTHRA acknowledges the Ministry of Education's commitment to the welfare of students and the improvement of schools in Sabah and Sarawak, the situation demands more than piecemeal solutions. The crux of the matter is the citizenship status issue that prevents these children from fully benefiting from educational initiatives.

The issue of statelessness among children is a global challenge that denies them access to fundamental rights, including education, healthcare and economic opportunities. Malaysia, like many other nations, is grappling with this issue which demands urgent attention and a comprehensive legal framework.

Drawing insights from the United Nations guidelines and successful practices from around the world, CENTHRA would like to propose a roadmap for Malaysia to address child statelessness effectively and ensure that every child has the chance to thrive.

1. The Urgent Need for a Comprehensive Framework: Childhood is a time of growth, learning and exploration. Yet, for stateless children, it often becomes a time of exclusion, vulnerability and missed opportunities. Stateless children denied the basic right to nationality, will face obstacles in accessing education, healthcare and even the most basic social services. It's a cycle that perpetuates social inequality and hampers national progress.

2. Adoption of United Nations Guidelines: The Convention on the Rights of the Child (CRC) and the Convention on the Reduction of Statelessness offer invaluable guidance for crafting a comprehensive legal framework. These conventions emphasize the importance of ensuring every child's right to a nationality, protection from discrimination and access to education and healthcare.

3. Adoption of Best Practices from Around the World: Thailand's Nationality Act (2008): Thailand's law permits children born to stateless parents to acquire nationality if they are born within the country's territory. This serves as an inspiration for Malaysia to implement a similar provision, ensuring that children are not rendered stateless due to circumstances beyond their control.

Dominican Republic's Constitutional Court Ruling (2013): This ruling reinforced the principle that nationality cannot be arbitrarily withdrawn from individuals who were born in the country. Malaysia can take cues from this landmark ruling to ensure that children born on its soil have a pathway to citizenship.

Bangladesh's Birth Registration Campaign: Bangladesh's efforts to provide birth registration to Rohingya children is a noteworthy example of acknowledging the importance of legal identity. Malaysia can initiate a similar campaign to ensure that every child's birth is registered, irrespective of their parents' status.

Kenya's Constitution (2010): The Kenyan Constitution recognizes the right to nationality for children found in Kenya and whose parents are not known. This provision underscores the principle of non-discrimination and protects the rights of all children, regardless of their origin.

4. Proposed Comprehensive Legal Framework for Malaysia: Birth Registration and Citizenship: Introduce mandatory birth registration and establish a clear process for children born on Malaysian soil to acquire citizenship.

5. Non-Discriminatory Citizenship Criteria: Enshrine non-discriminatory criteria for granting citizenship, ensuring that gender, ethnicity and religion do not hinder a child's right to nationality.

6. Accessible Education: Guarantee stateless children's access to free and quality education at all levels, regardless of their citizenship status.

7. Universal Healthcare: Ensure that stateless children can access healthcare services without discrimination or barriers.

8. Legal Aid and Advocacy: Establish legal assistance programs to help stateless children and their families navigate the citizenship acquisition process.

9. International Cooperation: Collaborate with neighbouring countries and international organizations to address cross-border statelessness and streamline citizenship application.

10. Regular Review and Reporting: Implement mechanisms for regular monitoring, reporting and reviewing the framework's effectiveness.

By adopting this framework, Malaysia can make significant strides towards addressing the issue of child statelessness. The proposed measures not only align with international standards but also draw inspiration from successful practices that have paved the way for inclusion and justice.

It's time for Malaysia to stand as a beacon of hope for stateless children to ensure that they can access education, healthcare and economic opportunities for a brighter future for all.

The collaboration between the Ministry of Education and the Sabah Education Department in addressing these concerns is a positive step. We applaud their efforts to coordinate and promptly address the issues raised during the Minister's visit.

It is our hope that the government's commitment to resolving these challenges is not merely lip service. The future of these stateless children is at stake and their right to education cannot be compromised. As we commend the efforts made so far, we also emphasise the urgency of taking tangible steps to grant these children the rights to quality education.

The government must address the plight of stateless children without delay. We look forward to witnessing a genuine commitment to rectifying these issues and making a lasting positive impact on the lives of these children and their educational journey.



Azril Mohd Amin is the Founder & Chairman of Centre For Human Rights Research and Advocacy (CENTHRA)

** The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the position of Astro AWANI