CRCM 2021 - Final-V2

CHILD RIGHTS
COALITION MALAYSIA -
POLICY BRIEFS 2021
About Children Rights Coalition Malaysia (CRCM)
The Children Rights Coalition Malaysia is an affiliation of various Malaysian NGOs that
advocate for the rights of children in Malaysia. Our vision is that all children in Malaysia
are ensured and guaranteed of their full rights, particularly the four General Principles of
the Convention on the Rights of the Child 1989 (UNCRC) concerning non- discrimination;
the best interests of the child; the right to life, survival and development; and respect for
the views of the child. CRCM’s mission is to support the implementation of the UNCRC
and to promote children’s rights in Malaysia. The NGO Status Report to the UN
Committee on the Rights of the Child is one of the many annual initiatives carried out by
CRCM.
Supporting Organisations
Numerous organisations and individuals contributed to this set of 12 Policy Briefs bringing
together a diverse set of talents, experience, and understanding of Malaysian children's
human rights. These Policy Briefs were collated and written by some members of CRCM
who have particular expertise and knowledge of the subject matter at hand. The
involvement of so many CRCM members in terms of time and resources reflects the depth
of their dedication to children and children's rights, as well as the importance on having
these Policy Briefs presented to the Government, Parliamentarians, the press and the
public as part of CRCM’s advocacy work to highlight key issues that impact on children.
These Policy Briefs represent an overall consensus of opinion and may not necessarily
reflect the views of every member of CRCM or every organisation that contributed to them
in all respects or in detail. The following non-governmental organisations (NGOs) are part
of the network of CRCM Members :-
Advocates for Non-Discrimination and Access to Malaysian Social Research Institute (MSRI)
Knowledge (ANAK) Sabah Make it Right Movement (MIRM)
All Women’s Action Society (AWAM) Majlis Kebajikan Kanak-Kanak Malaysia (MKKM)
Asylum Access Malaysia (AAM) NGOhub
Bold Association for Children with Special Needs Malaysian Campaign for Equal Citizenship
Beyond Borders Malaysia Malaysian Care
Penang Borneo Komrad National Early Childhood Intervention Council
CBR Network (NECIC)
Child Rights Innovation and Betterment (CRIB New Horizons Society (NHS) Early Intervention
Foundation) Centre
Childline Foundation OrphanCare Foundation
Dato’ Dr Amar-Singh HSS Persatuan CHILD Sabah
Family Frontiers Persatuan Kanak-Kanak Istimewa Kajang
Foreign Spouses Support Group (FSSG) Persatuan Sahabat Wanita Selangor (PSWS)
Federation of Reproductive Health Associations Persatuan Pengasuh Berdaftar Malaysia
Malaysia (FRHAM) (PPBM)
Global Shepherds Pertubuhan Untuk Anak Kita (PUAK Payong)
Good Shepherd Petaling Jaya Child Council
Health Equity Initiatives (HEI) Pink Triangle Foundation
Home of Peace Kuala Lumpur Protect and Save The Children (PSC)
Lariche Community SPICES Early Intervention Centre
Justice for Sisters Voice of the Children (VOC)
Kiwanis Malaysia Women’s Aid Organisation (WAO)
Malaysian Association of Social Workers (MASW) Women’s Centre for Change (WCC)
Soroptimist Puberty Organising Toolkit (SPOT) World Vision Malaysia (WVM)
Sabah Human Rights Centre (SHRC) Yayasan Chow Kit (YCK)
Sarawak Women for Women Society (SWWS) Yayasan Generasi Gemilang (GG)
Toys Libraries Malaysia
Vanguards 4 Change (V4C)
3 CRCM Policy Briefs 2021

Content
Abbreviation 5
Introduction 7
Acknowledgment 8
#1 : The Right to Development and Participation
- Adopting a Child Rights-Based Approach in Education 10
- Early Childhood Care and Education System 18
- Child Health Situation in Malaysia 24
- Child Participation 34
#2 : Leaving No One Behind: The Right to be Valued, Treated and
Respected Fairly
Creating Inclusivity for Children with Disabilities in Malaysia 40
Challenges Faced in Sabah and Sarawak
- Situation of Children in Sarawak 53
- Situation of Children in Sabah 75
Best Interests of Non-Citizen Children
- Stateless Children and the Malaysian Legal Framework 86
- Refugee Children 99
- Accessing Citizenship for Children in Malaysia 109
#3: The Right to be Safe
- Violence Against Children 119
- Online Child Protection 128

Abbreviation
ALC Alternative Learning Centres
B40 Bottom 40 Percent Of Wealth Distribution
CBR Community-Based Rehabilitation
CEDAW Convention On the Elimination of All Forms of Discrimination Against
Women
CRC Convention On the Rights of The Child
CDD Community Development Department (KEMAS)
CLC Community Learning Centres
COVID-19 Coronavirus disease
CSO Civil Society Organisation
CWDs Children with Disabilities
CRPD Convention On The Rights Of Persons With Disabilities
DOSM Department of Statistics Malaysia
DHRRA Development of Human Resources in Rural Areas
DSW Department of Social Work Department/Jabatan Kebajikan Masyarakat
(JKM)
JPNIN Department of National Unity and Integration/Jabatan Perpaduan Negara
dan Integrasi Nasional (JPNIN)
ECCE Early Childhood Care and Education
FGM Female Genital Mutilation
FSSG Foreign Spouses Support Group
GoM Government of Malaysia
M40 Middle 40 Percent Of Wealth Distribution
MCMC Malaysian Communications And Multimedia Commission
MCO Movement Control Orders
MOE Ministry Of Education
MOH Ministry Of Health
MWFCD Ministry Of Women And Community Development
NHMS National Health and Morbidity Survey
NPA National Plan of Action
NCWOM National Council of Women's Organizations Malaysia
NGO Non-Governmental Organization
JPN National Registration Department/Jabatan Pendaftaran Negara
MNSC Malaysian National Security Council/Majlis Keselamatan Negara (MKN)
OSCC One Stop Crisis Centre
OECD Organization For Economic Cooperation and Development
PSC Protect And Save The Children
PPBM Persatuan Pengasuh Berdaftar Malaysia
PWD Persons With Disabilities
PDRM Royal Malaysia Police (PDRM)
PTPTN National Higher Education Fund Corporation/Perbadanan Tabung
Pendidikan Tinggi National
SCAN Suspected Child Abuse and Neglect

SOACA Sexual Offences Against Children At 2017
SOP Standard Operating Procedure
SUHAKAM Human Rights Commission of Malaysia
SWD Social Work Department/Jabatan Kebajikan Masyarakat (Jkm)
SWWS Sarawak Woman for Women Society
T20 Top 20 Percent Of Wealth Distribution
TABIKA Taman Bimbingan Kanak-Kanak (Public Kindergarten)
TADIKA Taman Didikan Kanak-Kanak (Private Kindergarten)
TASKA Taman Asuhan Kanak-Kanak
UN United Nations
UNPF United Nations Population Fund
UNHCR United Nations High Commissioner for Refugees
UNICEF United Nations Children's Fund
WOA Women’s Aid Organisations
WHO World Health Organisations

Introduction
Malaysia is a multiethnic and multilingual Southeast Asian country. The country is divided
into two non-contiguous regions: Peninsular or West Malaysia (on the Malay Peninsula)
and East Malaysia (consisting of two states on the island of Borneo, Sabah and Sarawak, as
well as the federal territory of Labuan). Malaysia is made up of thirteen (13) states and
three (3) federal territories. The Federal Territory of Kuala Lumpur is Malaysia's capital,
enclaved within the state of Selangor and serving as the Klang Valley's centre. Putrajaya is
the administrative capital of Malaysia.
Malaysia had a population of 32.6 million people as of 2020, consisting of 29.7 million
citizens (91.1 percent) and 2.9 million non-citizens (8.9 percent) (Department of Statistics
Malaysia, 2020). The age distribution was 23.3 percent for those aged 0–14 years, 69.7
percent for those aged 15–64 years, and 7 percent for those aged 65 years and beyond.
From a population of 16.8 million males and 15.8 million females, the sex ratio was 102
males to 156 females. There were 69.6 percent Bumiputera (Malays and Orang Asal, or
members of Sabah and Sarawak's indigenous populations), 22.6 percent Chinese, 6.8
percent Indians, and 1% others.
Malaysia, the United Nations Convention on the Rights of the Child, and Child Rights
Malaysia acceded to the CRC in 1995 with 12 reservations. Malaysia has since withdrawn
seven of them, but retains five reservations to the following provisions of the CRC: Articles
2, 7, 14, 28, paragraph 1(a), and 37, stating on 19 July 2010 that "the said provisions shall
be applicable only if they are consistent with the Malaysian Constitution, national laws,
and national policies" (United Nations (2020)).
Malaysia ratified two of the CRC's three Optional Protocols in 2012: the Optional Protocol
on children's involvement in armed conflict and the Optional Protocol on the sale of
children, child prostitution, and child pornography (UN Office of the High Commissioner
for Human Rights, 2020). It has yet to ratify the Optional Protocol on a communications
procedure, which entered into force in 2014 and provides for the submission of complaints
to the CRC Committee by individuals or groups.
Malaysia has made many significant steps since its accession to the CRC to carry out the
convention's commitments and to guarantee that the convention's rights are recognised
in domestic law. Malaysia created the Child Act in 2001 to demonstrate its commitment to
the CRC, and in theory, the Child Act protects and assists every child in Malaysia regardless

of race, colour, sex, religion, social background, or physical, mental, or emotional problems
(Women's Aid Organization, 2019). Additionally, the Child Act is predicated on the CRC's
four guiding principles, which are non-discrimination, the child's best interests, the right to
be heard, and the right to life, survival, and growth. However, the laws enacted to protect
children's rights have not been fully implemented and operationalized.
For example, while the Preamble to the Child Act specifies that "every child is entitled to
protection and help in all situations without respect for any discrimination (Child Act 2001
p13)," in practise, NGOs have seen that the Child Act is regarded as a subordinate act to
other Acts.
Among the key concerns facing children in Malaysia which are highlighted in this report are
the following:
● Issues with the Malaysian education system (including Early Childhood Care Education
System), i.e. safety in schools, quality of education and access to education.
● Challenges for children in Sabah and Sarawak.
● Significant gaps exist in the framework for child protection including the online
protection. While several laws exist to protect children from violence, including the
Child Act, the Domestic Violence Act 1994, and the Sexual Offences Against Children
Act, there is still a dearth of comprehensive implementation and awareness of these
laws and child rights in general.
● Violations of refugee, asylum-seeking, and stateless children's rights to life, health,
education, and more as a result of Malaysia's lack of a comprehensive legal framework,
refusal to recognise these individuals, and continued use of detention centres,
including for children.
● Issues in creating inclusivity for children with disabilities
Acknowledgment
With the support of UNICEF Malaysia, Childline Foundation coordinated the development
of the 12 Policy Briefs. At its core, it was a true collaboration of civil society organisations,
under the Child Rights Coalition Malaysia (CRCM) and other non-governmental
organisations (NGOs) and individuals representing diverse communities of children. These
organisations not only donated their time, expertise, and resources, but also continue to
work tirelessly for the rights of children in Malaysia
We would like to express our gratitude to everyone who contributed to this report,
especially Datin Wong Poai Hong (Childline Foundation), Brian Lariche (Lariche

Community), Gill Raja (Sarawak Women for Women Society), Kathryn Riva ( Etania
Schools), Angeline Yap and Thulasi Munisamy (Protect and Save the Children), Anisa Ahmad
(PPBM), Anne Baltazar (ANAK), Amanda Kong, Make it Right Movement),Bina Ramanand,
( Family Frontiers) , Dato Raj Karim (MKKM) and Sharmila Sekaran( Voice of Children) .
WE wish to also thank UNICEF Malaysia for providing the funds to support this Project
which is a collaborative effort of NGOs within the CRCM.
Additionally, we would like to express our gratitude to Dr Amelia Alias (Childline

Foundation) for her assistance in coordinating , editing and formatting the Policy Briefs.

#1: The Right to Development and Participation
Adopting a Child Rights-Based Approach in Malaysia Education

System
Current Context
The Malaysian education system is governed by the Education Act 1996 and guided by the
Malaysian Education Blueprint (2013 – 2025). The education system as a whole follows the
development of a child, from preschool, primary, secondary and post-secondary to tertiary
education.1 It is every child’s right to have access to education of a quality that ensures a
child’s holistic development in a safe and nurturing environment. This calls for a child
rights-based approach to education that applies the principles of non-discrimination, best
interest of the child, right to be heard and right to life, survival and development. Every
child matters and every child deserves the best education.
The Status Report on Child Rights in Malaysia 2019 (Status Report), in discussing the right
of the child to education, highlights several areas of concern that impact access to
education and the quality of education received.2
Scope of the Government’s commitments towards ensuring the right to education for all
children
The Government of Malaysia ratified the Convention on the Rights of the Child (CRC) in
1995. It sets out the government’s responsibility to ensure all children have access to
quality education with the aim of realizing every child’s human dignity and rights.3 The
education system needs to be “child-centered, child-friendly and empowering” and take a
broader view of education, beyond formal aspects of schooling, to include the “range of
life experiences and learning processes”.4 All aspects of the child’s development,
personality, talents, mental and physical well-being need to be developed to their fullest
potential.5
1 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 89.
3 Committee on the Rights of the Child, General Comment No. 1 (2001), Art 29(1): The aims of education.
4Committee on the Rights of the Child, General Comment No. 1 (2001)), Art 29(1): The aims of education.
5 Convention on the Rights of the Child, Art 29(1)(a).

As State party to the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD), the
government needs to be cognisant of these obligations and engage across relevant
ministries, agencies and stakeholders to ensure the specific concerns of girls6 and of
children with disabilities7 are integrated into the education system. Creating synergy in the
application of CRC, CEDAW and CRPD is important to ensure the effect of multiple and
intersecting identities does not create further barriers on a child’s right to education.
At the last review of Malaysia’s report to the Committee on the Rights of the Child (CRC
Committee) in 2007, the CRC Committee called on the government to look into several
specific areas and “continue to allocate adequate financial, human and technical
resources” for the effective implementation of the provisions on education under the CRC.8
Critical Gaps in the Education System in Malaysia
The education system is complex, covering many levels and types of education, catered for
different groups of children and involving multiple stakeholders from educators, parents,
administrators, counsellors and the students themselves. This paper focuses on the
following three critical areas that have a profound impact on the right to education.
Access to Education
(i) In 2019, the government introduced the Zero Reject Policy to ensure all children
have access to education, especially for children with disabilities and
undocumented children, e.g. refugee, asylum-seeking and stateless children. This is
acknowledged as a measure in the right direction towards ensuring every child has
equal access to education. Nevertheless, concerns have been raised around its
implementation. Some data suggests that one in seven children are not in school
and more specifically one in three children with disabilities are not in school.9 The
following barriers continue to impede access to education for marginalised and
disadvantaged children.
(a) Bureaucratic conditions present barriers and uncertainty for certain
categories of children despite the Zero Reject Policy. These include time limits
to produce documentation for admission and limited seats being offered on
6 Committee on the Elimination of Discrimination against Women, General Recommendation No.28, on the core
obligations of states parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination against
Women, 2010, para 21.
7 Committee on the Rights of Persons with Disabilities, General Comment No.4 (2016) on the right to inclusive
education.
8 Committee on the Rights of the Child, Concluding observations: Malaysia, 2007, para 75.
9 United Nations Children Fund, Situation analysis of women and children in Malaysia, 2020, p 161.

a yearly basis.10 Such reported conditions make it difficult for parents trying
to register their children in schools.
(b) Distance / proximity to schools remain a barrier for families living in remote
or rural areas.11 The lack of schools near indigenous settlements and the lack
of adequate roads or transportation in remote areas means children either
spend a lot of time making their way to school or do not attend at all. 12
percent of households in Sarawak and 7.5 per cent in Sabah live more than
9km from a government primary school. For secondary schools, the figures
are 50.9 per cent in Sarawak and 37.4 per cent in Sabah.12
(c) Affordability13 is a concern for families whose children are not eligible for
support schemes, textbook loan schemes and other support programmes.
This issue has been “consistently identified as a major cause of inadequate
preschool and upper secondary enrolments”.14 Families living in poverty
might be forced to choose between children as they cannot afford to send all
the children to school, and some children might be needed at home to help
the family.
(ii) Even those that make it into the school system might encounter challenges staying
on. Dropout rates as the students’ transition from primary to secondary school
have remained a challenge, impacting some 17,000 children.15 More recently, the
Covid-19 pandemic has compounded the challenges for poorer families. In addition
to existing educational related costs, they now have to purchase face masks when
children attend school, and ensure each child has access to a digital device and an
internet connection for online learning. These are additional financial costs for
families from the B40 group and those with larger families. A recent survey found
that 7 percent of upper-secondary age children from poorer families in the Klang
Valley are not returning to school.16
(iii) Specific provisions for different age groups or abilities need to be integrated into
the education system in a way that supports different groups of children. The
principles of non-discrimination, best interest of the child, right to be heard and
10 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 91
11 Child Rights Coalition Malaysia, Report for the Universal Periodic Review, 2013, p 7.
16 Zahiid, SA., Poor KL students dropping out of school at an alarming rate amid outbreak, UN study finds. Malay Mail,
30 October 2020. https://www.malaymail.com/news/malaysia/2020/10/30/poor-kl-students-dropping-out-of-school-

at-an-alarming-rate-amid-outbreak-n/1917791

right to life, survival and development need to apply for all age groups and all forms
of education provided, including preschool, vocational and inclusive education
provisions.
(a) The Malaysian Education Blueprint provides that inclusion is the expected norm
for all children with disabilities with a set target for the Ministry of Education
(MOE) to achieve 75 percent of special education needs by 2023.17 Specific
challenges however include finding schools that would accept children with
disabilities, finding supportive principals and teachers, lack of support from
other parents for inclusion, not allowing the child to have a shadow aide, etc.18
(b) Preschool education is the opportunity to lay a strong foundation for children.
However, children from lower income households, indigenous children living in
remote areas, children from marginalised and disadvantaged communities
might not enjoy access to a preschool education due to issues of affordability
and location19. There are also challenges for children with disabilities to access
preschool at this very important stage of their development.
Quality of Education (content)

(i) Under the CRC the aims of education are “all linked directly to the realization of the
child’s human dignity and rights, taking into account the child’s special
developmental needs and diverse evolving capacities.”20 The education system
should be equipping children not only with knowledge on formal subjects, but with
information and skill to support their personal development; building their self-
esteem, confidence and resilience, irrespective of age or abilities. Currently there
are gaps in what is being offered in the following areas:
(a) Early childhood education: This level of education and care sets the tone and
foundation for a child’s development and interest in learning. With a variety
of facilities being run, there are concerns that the quality of education is uneven
and inconsistent.21 The system includes facilities run by both government and
private entities, many of which are unregistered and therefore not subject to
the government standards or regulation. Issues with the type of care young
children are receiving, the lack of training for teachers, including English
17 Amar-Singh, et.al., Inclusive education experiences of parents in Malaysia, 2018, p 2.

18 Amar-Singh, et.al., Inclusive education experiences of parents in Malaysia, 2018, p 2.
20 Committee on the Rights of the Child, General Comment No. 1 (2001), Art 29(1): The aims of education, para 1.
21 Child Rights Coalition Malaysia, Report for the Universal Periodic Review, 2013, p 7.

language skills and the “wrong use of play and poor parental involvement” are
resulting in children struggling to “attain age-specific learning benchmarks”. 22
(b) Education on sexual health and rights: This is an important aspect of a child’s
development, however, the “inclination towards a negative or shaming attitude
and flagrant misinformation with anything sex-related” has prevented the
implementation of sexual health education in schools.23 A 2019 study revealed
that there are an average of 3,000 rape cases, 18,000 teenage pregnancies and
100 cases of baby dumping annually.24 There is also much misconception
around consent and safe sex. Children need to be educated with age-
appropriate content so as to be equipped with accurate knowledge and
information not only to make informed decisions but to also protect themselves
from abuse and exploitation.25 Basic human rights education to instill respect
for others, uphold gender equality, practice justice and fairness, among others,
are critical for this future generation.
(c) Expanding the content of education to recognise the importance of balancing

the intellectual aspects with the physical, mental, emotional aspects as well.26
In addition to basic literacy and numeracy abilities and test scores, the
education system needs to also develop aspects like social interaction, decision
making and conflict resolution. The Covid-19 pandemic has revealed how
critical it is to ensure these social skills, resilience and general well-being of this
younger generation are part of the education system.
(ii) The delivery of a comprehensive education requires educators trained not only in
the substantive aspects of specific subjects, but also in pedagogical methods that
“reflect the spirit and educational philosophy of the CRC and the overall aim of
education.27 Teachers play a very important role not only in the transmission of
knowledge but in exemplifying positive values and behaviour. It is therefore critical
to take a step back and ensure the teacher training programmes embody the
principles of the CRC and approach the right to education holistically and
comprehensively.
25 Committee on the Elimination of Discrimination against Women, Concluding observations on the combined third to
fifth periodic reports of Malaysia, 2018, para 36(c).

26 Committee on the Rights of the Child, General Comment No.1(2001), Art 29(1): The aims of education, para 9 and 12.
27 Committee on the Rights of the Child, General Comment No.1(2001), Art 29(1): The aims of education, para 18.

Safety in Schools
(i) The teaching methodology and school environment within which learning takes
place is as critical as the content of the syllabus being offered. The provision of
education should respect the inherent dignity of the child, encourage the child to
express her/ his views and to participate and contribute to school life.28 Lately
several reports have raised concerns around practices and attitudes within the
school system that fail to uphold the rights or dignity of the child.
(a) Reports of teachers conducting period spot checks, a teacher joking about rape,
other teachers and students bullying a student speaking out against sexual
harassment are some of the horrible incidents that have been recently revealed
and raising an alarm of the safety of students in schools.29
(b) The lack of regulation and monitoring of certain childcare centres mentioned
earlier are also cause for concern. Persatuan Pengasuh Berdaftar Malaysia
(PPBM) attributed cases of child abuse to unlicensed childcare centres and
inexperienced childminders.30
(ii) There are reports on structural issues of schools which are a danger to students and
teachers. The Status Report highlights the condition of dilapidated schools in rural
areas and in Sabah and Sarawak. In Sabah it was discovered out of 1,296 school,
589 were classified as dilapidated by the Public Works Department,31 84 were rated
unsafe but just 22 were scheduled for repair. Basic facilities like water supply and
proper road access were also raised in the Status Report as issues.
(iii) The CRC Committee had raised the issue of corporal punishment being used in
secondary schools and reiterated that it is incompatible with the CRC and should
be prohibited. Issues of bullying among students has also been an area of concern.
(iv) Questions remain around the content and implementation of the School Safety
Policy. Introduced some time ago, is it able to respond to the challenges / concerns
that students are dealing with now? Is the Policy in line with the standards and
28 Committee on the Rights of the Child, General Comment No. 1 (2001), Art29(1): The aims of education., para 8.
29 Palansamy, Y., NGOs demand ministry, MARA start independent probe of alleged sexual harassment, abuse in
schools, Malay Mail, 21 April 2021. https://www.malaymail.com/news/malaysia/2021/04/21/ngos-demand-ministry-
mara-start-independent-probe-of-alleged-sexual-harassm/1968247
30 Khazanah Research Institute, Time to Care: Gender Inequality Unpaid Care Work and Time Use Survey, 2019, p 115.

principles of the CRC? Is there sufficient awareness of the Policy and assessment
of its implementation or enforcement?
Recommendations for Education System in Malaysia

System in Malaysia
The following recommendations build on the recommendations made in the Status
Report,32 submissions to the Jawatankuasa Dasar Pendidikan Negara (JKDPN)33 and
recommendations from the CRC Committee to the government in 2007. 34
Ensure access to education

The implementation of the Zero Reject Policy needs to be monitored and reviewed to
identify gaps so as to fulfill its objective of ensuring no child is left behind. Engagement
with parents and children is needed to understand clearly the barriers on the ground.
Children with disabilities currently attending Community based rehabilitation (CBR) need
to be provided daily schooling under the education system.
Remove bureaucratic barriers

Review and streamline the admission processes to ensure they are standardised and do
not cause the parents and children who do not have the necessary documentation or status
further hardship. The children caught in a citizenship or residency limbo should not be
punished by being excluded from an education.
Provision for financial and other support

Provision for financial and other relevant support should be implemented to ensure
children from disadvantaged families are able to attend and stay in school.
Inclusive education
Review the inclusive education programme and strengthen the educators with resources
and training to implement inclusion within the school. Ensure that incentives for school
achievements and key performance indicators (KPIs) for educators do not undermine the
principles of education under the CRC, including inclusive education.
32
Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 95 – 97.
33
Inisiatif Pengislahan Pendidikan Nasional (IPPN) and CSOs for Reform on Education, Recommendations for education
reforms towards an inclusive and sustainable society’, 10 January 2019.
34
Committee on the Rights of the Child, Concluding Observations: Malaysia, 2007, para 73 – 79.

Preschool and early childhood education
Review registration requirements for all preschools and care centers so as to be able to
regulate and monitor them to ensure consistency in education standards and standards of
care being offered.
Introduce sexual health and rights education

Engage with expert stakeholders to improve the syllabus on sexual health and rights so as
to empower children to make informed decisions and protect themselves from abuse and
exploitation.
Include human rights and dignity in the education system

Introduce topics and discussions around human rights, gender equality, respect, dignity
through participatory sessions that engage students and teachers. Create a community
within schools that support and respect each other.
Broaden the syllabus to incorporate all aspects of a child’s growth

Review the current syllabus and study incorporating more elements around personal social
skills, mental and emotional wellbeing for the students.
Enhance teacher training programmes

Ensure the teachers are trained and skilled not only on formal subjects but to inspire
personal growth and positive social development in their students. Training methodologies
need to be reviewed and updated to be in line with current thinking and principles around
the right to education.
Review the School Safety Policy

Review the scope of this policy to ensure it is aligned with the CRC and covers a broader
aspect of safety including redress mechanisms. Assess the effectiveness by engaging and
obtaining feedback from the students themselves on what they need and how best to
implement such a Policy.
Prepared by:
Protect and Save Children

Early Childhood Care and Education System
Current Context
The Child Act 2001 (Act 611) is an act to consolidate and amend the laws relating to the
care, protection, and rehabilitation of children and to provide for matters connected
therewith and incidental thereto 35. Child means a person under the age of eighteen years.
According to the definition of UNESCO, children can be categories in several levels they are
infants (0–1 year old); toddlers (1-2 years old); early childhood (2-4 years old); preschoolers
(4-6 years old); middle childhood (7-12 years old); young teens (13-16 years old) and
teenagers (17-18 years old) 36. Early childhood typically ranges from infancy to the age of
6 years old in Malaysia.
Promoting child development through parenting promotes excellent rates of children

development, among other factors. Parents play a large role in a child’s activities,
socialization, and development37. Another significant influential factor in children
development is the quality of their care. Child-care programs may be beneficial to
childhood development in learning capabilities and social skills38.
Education in Malaysia is an ongoing effort towards further developing the potential of

individuals in a holistic and integrated manner, to provide individuals who are
intellectually, spiritually, emotionally, and physically balanced and harmonious based on a
firm belief in and devotion to God. Such as effort is designed to produce Malaysian citizens
who are knowledgeable and competent, who possess high moral standards and who are
responsible and capable of achieving a high level of personal well-being as well
as being able to contribute to the harmony and betterment of the family, the society, and
the nation at large39.
35 Child Act 2001 (Act 611) and Regulations as at 10th April 2019
36 Modul Pendidik/Pengasuh Kursus Asuhan & Didikan Awal Kanak-kanak PERMATA Negara
37 Parents Can Play Vital Role in Encouraging Children’s Active, Healthy Lifestyles (2017). cdc.gov
38 Barnett, W. Steven (1995). “Long-Term Effects of Early Childhood Programs on Cognitive and School Outcomes”. The
Future of Children. doi.10.2307/1602366

39 National Education Philosophy in Education Act 1996.

Currently there are too many agencies that oversee early childhood care and education
(ECCE) in Malaysia as follows:
(i) Taman Asuhan Kanak-kanak (TASKA) or Childcare Centres for 4 years and below
(a) Department of Social Welfare (JKM) under Ministry of Women, Family and
Community (MWFCD) oversees all private (TASKA)
(b) For the public sector there are a few government agencies that are handling
these age groups. These are the Community Development Department
(KEMAS), National Unity and Integration Department (JPNIN) and Ministry of
Education (MOE) for the GENIUS Program.
(ii) Taman Didikan Kanak-Kanak (TADIKA) or kindergartens for children ages 4 to 6

years old.
(a) Ministry of Education (MOE) for private Taman Didikan Kanak-kanak (TADIKA)
or kindergartens
(b) The public TADIKA known as Taman Bimbingan Kanak-kanak (TABIKA) are
managed by KEMAS, JPNIN and Yayasan Terengganu (only for the state of
Terengganu) and Public Pre Schools which is managed by MOE.
(iii) In addition thereare centers that are set up by faith based or polictical organsations
private sector that is Parti Islam SeMalaysia (PAS) called TADIKA Islam PAS (PASTI).
This has resulted in issues such as :-
(a) Different systems with different philosophies, objectives, systems of
monitoring, childcare providers and educators, qualifications and so forth,
although there are national curriculums for both group of age, Kursus Asuhan
dan Didikan Awal Kanak-Kanak PERMATA Negara (KAP) for below 4 years and
Kurikulum Standard Prasekolah Kebangsaan (KSPK) for 4 and 6 years old.
(b) In addition, Malaysia has enrichment centers which were originally under the
Ministry of Domestic Trade but are now under the Ministry of Education.
Most of the enrichment centers also operate like childcare centers and
preschools and many have opted for this entity because licensing of
enrichment centers needs less stringent requirements. In a few cases, the
enrichment centers operate as 5 in 1 i.e incorporating childcare center,
preschool, tuition center, care center and enrichment center.
(c) Recently, a programme called “nanny on the go” was created, in which
childcare providers are available to attend to children at the children’s home.
What is worrying is that these “nannies on the go” are not registered with

JKM. All childcare providers are registered through registered childcare
centers and not as individuals
As we are aware, early care and education should be as a continuous process, thus
these scenarios do not fit the best interests of the child.
Critical Gaps in the Early Childhood Care and Education System
Issues related to Quality Standards

When there are too many hands handling the ECCE for children below 6 years old, there is
always the issue of standard curriculum, best practices, safety and so on. Article 29(1a) of
Convention on the Rights of the Child 1989 , states that the education of the child shall be
directed to the development of the child’s personality, talents, and mental and physical
abilities to their fullest potential40.
Bearing in mind, the Declaration of the Rights of the Child which states “the child, by
reason of his physical and mental immaturity, needs special safeguards and care, including
appropriate legal protection, before as well as after birth”, having too many agencies to
handle ECCE has created multiple problems for parents and children. Most importantly,
the best interests of the child are ignored as the lack of training and knowledge of care
providers on child development contributes to the poor quality of care in most centers
Lack of knowledge on child development

Parents are vital in a child's development. There is a severe lack of knowledge on child
development and increasing emphasis on academic achievements to the detriment of a
child’s social emotional and mental health. The prevalence of mental health problems
among Malaysian children is growing. In 2019, a total of 424,000 children in Malaysia were
found to have mental health problems41. Most TADIKA in Malaysia emphasize academic
achievements due to fulfilling the parents' needs but not in the best interests of the child.
Furthermore, the data on the impact of the COVID-19 pandemic on children is daunting.
Within the first three months of the global pandemic in 2020, schools and universities were
closed to more than one billion students of all ages. By November 2020, COVID-19 had
spread to almost all countries and affected more than 50 million people worldwide, caused
over 1.23 million deaths and more than half of the world’s population was under
lockdowns and living under stringent containment measures42. And this has seriously
40 Convention on the Rights of the Child (1989).

41 Institute for Public Health (2020).
42 International Trade Centre (ITC), “SME Competitiveness Outlook ‘COVID-19”: The Great Lockdown and its impact on
small business’.

affected ECCE services to ensure the stability of children's mental health in almost all
countries including Malaysia
Issue of Quality, Affordability and Access

In Malaysia, there are 5521 ECCE centers consisting of 4638 private sectors, and only 883
are run by government agencies43. It should be the other way round, which government
should provide 80% and private 20%. It is important for the government to look into it in
terms of affordability and access to the ECCE center. Quality could be another reason,
profit margins in private tend to be small and this can cause professionalism and quality.
But it could be argued some private sectors provide better quality than government and it
comes down to quality control and resources available.
In one of the surveys conducted by Persatuan Pengasuh Berdaftar Malaysia (PPBM), more
than 80% from 3070 correspondents will close their centers if COVID-19 pandemic
prolongs. Respondents highlighted that the three key challenges they faced were lack of
business during MCO period (97.1%), payment of salaries (81.5%), and rental payment
(75.3%)44. Help is needed by the private ECCE centers to survive. The only option for TASKA
and TADIKA to sustain is for them to increase the monthly fees. And this is not possible
because the B40 and M40 parents that needed these services the most. Private sector is
squeezed between what parents can afford and how to pay their staff a reasonable salary
which reflects the skill they need.
Safety of Children
Due to closure of ECCE centers during MCO 1, parents opt for convenience and safety by
hiring “nanny on the go” and sending to unregistered home based childcare. The safety of
the children is not guaranteed, and these “nannies” are probably not qualified in these
fields because there is no one to monitor them. Abuse cases and mental cases among
children arise45.
SOP by the Malaysian National Security Council (MKN), MOH and DSW (JKM) emphasis on
ECCE operators, childcare providers/educators and staff but forgetting the most important
people that are involved in ECCE, they are the parents and children themselves. From 25
January 2020 till 30 May 2021 about 82,341 COVID-19 cases reported among children and
28,088 children below 6 years old. PPBM has included them in their SOP and most of ECCE
operators comply with it to enhance the safety and health for the benefits of all.
43 National Child Data Centre (NCDC), University Pendidikan Sultan Idris, Tanjong Malim.
44 Data retrieve from a survey conducted by Persatuan Pengasuh Berdaftar Malaysia with 3070 childcare providers as
correspondent.
45 Data retrieved from the Department of Social Welfare.

Gaps in Monitoring and Evaluation
Early childhood care and education have expanded rapidly in Malaysia. However, gaps
remain in relation to monitoring and evaluation of providers, and in access to TASKA and
TADIKA for marginalized and disadvantaged children. The system includes facilities run by
both government and private entities, with some open to all children and others focused
on a particular ethnic or religious community46.
Many private TASKA and TADIKA are unregistered, so standards are not monitored. The
lack of regulation and monitoring of TASKA and TADIKA including madrassashs and refugee
learning centers can put children at risk. In all, there were a total of 391 SCAN cases over
five years with almost a 3-fold increase in the number of cases from 2014 to 2018. Physical
abuse was the most common (55%) seen followed by sexual abuse (34%) and neglect
(10%). There were four deaths, all involving infants <1 year old who were physically abused
by babysitters47. Despite the government’s admirable efforts to raise the standard of early
childhood care and education, the number of children struggling to attain age-specific
learning benchmarks keeps increasing. A 2017 study identified four key problems with
preschools in Malaysia – incompetence and lack of training, inadequate English skills, the
wrong use of play and poor parental involvement48.
Recommendations for Early Childhood Care and Education System
(1) Incorporate all ECCE program (TASKA and TADIKA) under one agency, either it under
JKM or GENIUS (under MOE) because GENIUS has Majlis GENIUS which consists of
PPBM, JKM, KEMAS, JPNIN – the main agencies in early childhood care and education.
Education in early years is crucial to the development of stable youth and adults.
TADIKA and Pre School should not be a formal education and too academic as it is
now due to parents expectation. Therefore, by merging TASKA and TADIKA, we hope
parents evaluate their children by seeing the developmental progress of children.
(2) Play Based programs for all ECCE centers to help the brain develop cognitive abilities,
establish new neural connections, and make the child more intelligent in multiple
aspects at once. It improves the ability to perceive others’ emotional states and to
adapt to ever-changing circumstances. A considerable amount of research in the
field of play-based learning is indicative of the profound importance of play on the
overall development of a child49. Play allows children to use their creativity while
46 Status Report on Child Rights in Malaysia 2019.

47 Vinitha Nair Prabhakaran, Rohaizah Borhan and Faiza Syuhada Mohd Rafdi. “Suspected child abuse and neglected cases
in a single tertiary hospital in Malaysia – a 5-years retrospective study.” Med J Malaysia Vol 75 No.5 September 2020.
48 Aquino, Leticia N., Nordin Mamat and Mazlina Che Mustafa. “Comparing the kindergarten curriculum framework of the
Philippines and Malaysia.” Southeast Asia Early Childhood Journal 6 (2017): 27-40.
49 Please refer the theorists on play and child development.

developing their imagination, dexterity, and physical, cognitive, and emotional
strength. Play is important to healthy brain development. It is through play that
children at a very early age engage and interact in the world around them50 [16].
(3) To sustain the contribution by the private ECCE sector, the government must play its
role by providing monetary aids and assistance not just in the form of short term or
one off but in long runs – refer to Indonesian or Singapore ECCE policies. ECCE
Centers must be affordable and accessible to serve the needs of the lower- and
middle-income parents who need the services the most.
(4) To ensure the safety of the children, all centers including “nannies on the go”, home
based babysitters (even the number of children less than 4) must be registered under
either JKM or MOE.
(5) Tighter SOP must include parents and immediate family because they are part of
TASKA and TADIKA.
(6) Compulsory early childcare and education centers to operate and be registered so
that they can be monitored to ensure consistency in care and educational standards
for all children. To this, a revision on National Care Policy and TASKA Act is needed.
Government needs to look into integrating special needs children with typical
children for early intervention.
(7) Provide support for alternative learning centers and madrasahs to establish child
safeguarding policies and child protection procedures, and help build the capacity of
all staff, including the board of directors, on prevention and response around child
safety issues. This also applies to all early childcare and education centers.
Prepared by:
Persatuan Pengasuh Berdaftar Malaysia (PPBM)
50 https://pediatrics.aappublications.org

Child Health Situation in Malaysia
Current Context
Health and survival of women and children have remained high on the national agenda
since The First Malaysia Plan. Expansion of health infrastructure and services to rural areas
through, primary health care, control of communicable diseases, water and sanitation, and
child survival strategies (expanded program on immunization, breast feeding and nutrition,
oral rehydration and birth spacing) are key determinants in the decline of infant and under
5 child mortality rates since 1970s.
Expansion of scope of the Maternal and Child Health program since the 1990s has evolved
into the Family Health Development Program to cater for adolescents, elderly, persons
with disability and outpatient care. This expansion has resulted in constraints in the
healthcare system. Health personnel not adequately trained to manage the emergence of
new diseases and challenges such as COVID pandemic. The double burden of
communicable and non-communicable diseases; and complexities of malnutrition, i.e.
underweight, stunting and obesity, pose an additional burden.
Attention must be given to knowledge management of health providers and ensuring

improvement in quality of care.
Critical Gaps in Child Health Situation in Malaysia
UNDER 5 MORTALITY - Neonatal and Toddler Mortality Rates

Similar to global achievement for MDGs, Malaysia managed to reduce under 5 mortality by
50%. Under 5 mortality rate (U5MR) declined from 16.8per 1000 live births in 1990 to
8.4per 1000 LB in 2015. Infant Mortality Rate (IMR) declined from 13.1 to 6.9 per 1000 live
births during the same period.
The SDG target Goal 3 calls for the reduction of preventable deaths of children under 5 by
2030. To realize this MOH developed a still birth and Under 5 Mortality reporting system

(SU5MR) to study causes of deaths, identify preventable causes and undertake remedial
action or interventions.
From 2000 to 2018, infant, neonatal and under 5 mortality has plateaued (Figure 1 on
following page). This poses a challenge as any further reduction will require an increase in
resources, skills, expertise and accurate data collection.
Figure 1: Neonatal, Infant and Under 5 Mortality Rates, Malaysia
Causes of Death
Investigation of under 5 mortality by MOH reveals that causes of deaths from 2014 to 2016
have not changed. In 2016, 34% deaths of under 5s were due to conditions from perinatal
period mainly resulting from prematurity while 50% deaths were due to congenital
malformation
Figure 2: Cause of Under-5 Deaths (ICD 10) 2014 – 2016

Conditions from the perinatal period and congenital malformations, being the top 2 causes
of death of infants under 21 days, would require improved quality and skilled antenatal
and delivery care especially for high risk pregnancies; neonatal intensive care facilities with
trained staff, and a specialist team. Budgetary constraints hinders the setting up of costly
specialized neonatal intensive care units in all hospitals including district level.
Respiratory, certain infections and parasitic diseases being among the top 3 leading causes
of death of children from 28 days to 4 years, indicates the need for a non-polluted smoke
free environment, clean water and sanitation, attention to personal and food hygiene and
early seeking of treatment when the child is unwell.
Injuries and external causes are the leading cause of death of toddlers (1 – 4 years) and 3rd
among infants 28 days to one year. Most of these deaths are due to accidents and injury
i.e. motor vehicle accidents followed by drowning and suffocation which can be prevented.
Figure 3: Top Three Causes of Death According to Age Group, 2016
Deaths due to child abuse, exploitation and neglect are all preventable and can be
avoided.
Figure 4: Causes of toddler mortality according to type of injuries, 2014

- 2016
Health personnel have an important role to play in early detection of warning signs of
maltreatment, abuse and neglect; speedy treatment and referrals; and initiating

comprehensive integrated case management, to protect the child, prevent victimization
and untimely death.
Preventable deaths increase with age of child. The MOH 2016 Technical Report on Causes
of Deaths found that overall, 30% of deaths among children under-5 years were
preventable. Among neonates less than 28 days only 20% (545 /2599) were preventable,
whilst among children 28 days to less than 1 year it was found that 40% (577/1437) were
preventable and among toddlers 1 to less than 5 years, it is seen that 47% (402 /862) deaths
were preventable. Preventable deaths vary according to age groups as shown in Figure 5.
Figure 5: Preventable Deaths According to Age Group, 2016
Overall, the preventable deaths include injury , respiratory and certain infections and
parasitic diseases. This calls for closed networking with other agencies, NGOs, community,
parents and caregivers. Positive parenting programs, community and family education and
empowerment are urgently required to effect further reductions in preventable causes of
mortality.
Due attention must be given to minority, marginalised and vulnerable groups. Deaths of
Orang Asli children under 5 years are 3 to 4 times higher than the national average.
Figure 6: Mortality Rates for Orang Asli, 2012 - 2016

Child Mental Health
Available data on mental health problems among children and adolescents aged 5 to 15
years showed an increasing trend from a prevalence of 13% in 1996, to 19.4% in 2006, to
20% in 2011. Socially and economically disadvantaged groups were the most vulnerable.
NHMS 2016 study showed that 70.8 % of children aged 12 to 59 months (1 to 5 years)
received some form of violent disciplinary action from parents or caregivers. Psychological
aggression among parents and carers were at a high 57.8% with 55% of children receiving
physical punishment. Mental health has emerged to be one the major challenges faced by
children and families during the COVID 19 pandemic due to school closure, home
confinement, and increase in intrafamilial violence, resulting in feelings of isolation, lack of
social interaction, depression, mental, emotional and psychological problems, suicidal
ideation and even suicide itself. Stress factors include also children being pressured to excel
academically and behavioral reprimandations; failing which the children resort to self-
harm.
While parents, caregivers and society as a whole have a vital role, the public health sector
needs to accelerate action and intervention to promote and advocate positive mental
health and wellbeing; implement evidence-based interventions; and monitor program
effectiveness.
MOH has initiated the Minda Sihat Programme for school children which needs to be
expanded to cover all school children. However much more can be done with integration
of mental health into family health development programs, training of health personnel to
identify early signs of mental disorders including depression and self-harm; and provision
of care and support within an inter-agency team with involvement of psychiatrists,
psychologists and counsellors. Mental health and wellbeing have been neglected for far
too long. Urgent action has to be taken as mental health has emerged as one of the major
health problems during the pandemic.
Other Child Health Issues to Be Highlighted

This position paper will not be able to cover all child health issues which are ongoing and
require strengthening in terms of coverage, content and quality.
1. Breastfeeding and Nutrition.

Malaysian children are still suffering from malnutrition, missing global targets (Code Blue
May 2020). The 2020 Global Nutrition Report found that Malaysia is off course to meet
global targets for childhood stunting and wasting; and may only achieve one of the ten

global nutrition targets by 2023. It also found that Malaysia is on course to meet the global
target for overweight children below 5 years of age.
Continued promotion of breastfeeding and supplementary feeding programs and

monitoring of growth and development are necessary.
2. Expanded Program of Immunisation

In spite of good coverage (95-97%), targeted approaches are needed to reach out to
reluctant individuals, migrant and refugee groups and faith based communities to prevent
resurgence of childhood diseases such as polio and diphtheria cases which surfaced in
recent years.
3. Child Functioning and Disability.

Children with disabilities face inequalities in being able to access essential services
including health. Health sector has a fundamental role in early identification and disability
diagnosis through growth and development screening during child health visits. This
includes hearing, vision, speech and motor function testing with timely actions for referral,
follow up and remedial therapy. Health staff should also look out for learning and
behavioral problems and provide guidance and advice to parents and families.
Services should be disability friendly and ensure that children are not discriminated against
or sidelined. Continuous monitoring of disabilities in children through preschool and school
stages are important for children to be confident in adapting to their disabilities and to
encourage social interaction and family support for them to face challenges of adulthood.
Ensure that all health prevention protocols address barriers to accessing health essential
services for children with disability.
4. Non communicable Childhood Diseases.

Lifestyle patterns and habits of children have resulted in an emergence in non-
communicable childhood diseases, including diabetes, hypertension, cancers, mental and
behavioral problems. Healthy lifestyles, positive thought and behavior with good habits
and values need to be promoted from young and throughout childhood. Health service
providers require training and capacity building on identification and management.
5. HIV and AIDS in Children and Elimination of Mother to Child Transmission

This is promising based on the data below, obtained from Country Factsheet Malaysia
2020 UNAIDS.

6. Adolescent Health and Teenage Pregnancy
MOH has adopted an adolescent friendly approach with special adolescent clinics in Health
Centres. Much more age and gender appropriate information, education and
communication need to be carried out to reach all children in their phases of development.
Cafe@teens and the ANA checkbox provide confidential and interactive learnings to meet
individual needs. More effort is needed in reaching out to pregnant teenagers for them to
receive proper antenatal care, safe delivery and avoiding the possibility of abandoning
newborns.
7. Child Marriages and FGM

A National Strategic Plan on Child Marriage has been launched in 2020, emphasizing the
importance in negative effects of child marriage; need for prevention and standardisation
of syariah laws. Health sectors have a role in primary prevention as they are the first point
of contact in children entering the healthcare system.Ministry of Health needs to review
the fatwa of FGM in order to eliminate this harmful practice.
8. Child Maltreatment; abuse, neglect and exploitation.

Although this topic falls under child protection, the health sector has a critical role to play
in early identification of warning signs of maltreatment and to take timely action.
The establishment of One Stop Crisis Centres in hospitals need to be expanded to cover
all district hospitals.
Emerging Issues and Challenges

● Changing lifestyles and disease patterns; environmental concerns, socio cultural norms
and practices, and personal beliefs and values influence health and health outcomes of
children.

● The COVID pandemic poses a strain in the public health system with resources diverted
to fight the pandemic, interruption of services, health personnel adapting to alternative
approaches for service delivery and outreach; and an increased workload to manage
the adverse effects of COVID on children.
● Social Inclusion.
Children of migrants, refugees, the stateless, minority groups and indigenous populations,
diverse and underserved communities, have a right to health care and protection. These
vulnerable groups must be factored in all health sectoral programing and budgetary
resources be made available.
● Gender Identity.
Challenges are faced by children and adolescents with gender identity issues (LGBTIQ).
They suffer from stigma, discrimination and shame which prevents them from accessing
the health services. Health staff need to be trained in sensitivities these children face and
to provide healthcare without personal prejudice.
● Ensuring child and adolescent friendly health services and maintaining confidentiality
and privacy.
Easy access to the healthcare system is especially important for adolescents faced with
personal and sensitive issues. Pregnant teens need to be comfortable with service
providers, confident that privacy be maintained and that unprejudiced care be given. This
will encourage more pregnant adolescents to access health services for antenatal care, safe
delivery and postnatal follow up, thus avoiding complications of self and unsafe deliveries,
abandoned babies and psychological trauma. Maternal stillbirths and early neonatal
deaths could also be prevented from this.
● Health and Digital Technology

COVID pandemic has seen an upsurge of the application of digital technology and
alternative methods of remote client care and support. Continuing utilization of virtual
platforms are encouraged for a wider reach of children for continuity of care, to ensure
immunisation schedules are kept and to increase access of children above 2 years of age
for monitoring of growth and development.
Health personnel must also be made aware of the adverse effects of social media platforms
on children i.e. prolonged exposure to the internet and risks of cyber bullying, online
streaming, sexting, sextortion and other forms of abuse and exploitation. This poses an
emerging challenge to health providers in being able to provide the necessary care,
treatment, and support.

● Health as a Human Right.
A child rights, child participatory and gender lens be mainstreamed in all child health
policies, programs, and interventions to ensure children's voices are heard and no child is
left behind.
● Social Determinants of Health.

Continuous monitoring of the adverse effects of changing lifestyles, personal habits and
values, social media advertising, peer influence and others are essential as this adds on to
the burden of disease and further strains an already overstretched health care system.
The health sector has to collaborate with other sectors, NGOs, private sector and civil
society to mitigate rises and dangers of unhealthy practices such as smoking, vaping,
substance abuse, obesity, sexually transmitted diseases HIV and AIDS, and stress related
diseases i.e. hypertension and diabetes in children.
This also applies to harmful effects of pollution, pesticides, preservatives, food additives
and junk foods which endanger the health and life of children.
Recommendations to Improvise Child Health in Malaysia
(1) Health sector to address all aspects of CRC i.e. Child Survival, Protection, Development
and Participation as these pillars provide for a comprehensive and holistic approach for
optimum growth and development of children and are mutually reinforcing.
(2) Strengthen health intersectoral coordination and collaboration. Eg. between Family
Health, Communicable and noncommunicable disease, mental health and accident and
injury prevention units/ divisions.
(3) Strengthen multi sectoral, multi-agency, private sector , NGO and civil society
coordination and collaboration for a multi stakeholder response to handle
multifactorial problems. COVID pandemic is a case in point. More engagement with
researchers, academicians and experts to strengthen and update knowledge and build
capacity of health personnel to manage emerging issues.
(4) Strengthen engagement with faith groups, key community influencers, policy and law
makers to remove legal constraints and barriers of harmful traditional practices of
Early, Child and Forced Marriage and FGM. Review MOH fatwa on FGM.

(5) Strengthen engagement with the Private Health Sector for sharing of resources and
providing essential services e.g. delivery, immunisation and child wellness services at
more affordable rates. This applies to migrants and refugees as well.
(6) Data from HMIS and other portals to be made more accessible and disaggregated by
age, gender, location etc.
(7) Policy and lawmakers hold regular consultations with NGOs, civil society and child
representatives to obtain feedback in order for programs to be better catered to meet
the needs of clients.
(8) Advocate for increase in budgetary allocations for adequate programming and
outreach; and to act in the best interest of all children.
Prepared by:
Majlis Kanak Kanak Malaysia (MKKM)

Child Participation in Malaysia
Current Context
The 2019 Status Report on Child Rights in Malaysia (Status Report) paints a grim picture of
issues on child participation in Malaysia, as child participation was not made as a
mandatory component even in the main child-specific legislation i.e., the Child Act 200151.
Although the Child Act established the National Council for Children where among its
functions are to promote children's participation in decision-making processes and to
advise the government on children's participation at national, regional, and international
levels, the execution on promoting child participation is still weak. This is demonstrated by
the widespread failure to act on input obtained through participatory processes from
children. In addition, children’s views have not been taken seriously enough by politicians
and policy-makers in Malaysia.
Despite Malaysia's relatively lax legal structure on child participation, there are several
channels via which children can exercise their right to participate in society. There are
several forums that encourage children and adolescent participation, including the
Children's Representative Council (MPKK) and the Malaysian Youth Council (MBM), the
Petaling Jaya Child Council (PJCC) as well as national youth forums conducted by children.
The existence of the Children's Commissioner under the Human Rights Commission of
Malaysia (SUHAKAM), whose primary responsibility is to protect and promote the human
rights of all children under the age of 18 throughout Malaysia, regardless of their social or
economic status, is another positive step forward in the direction of encouraging
meaningful child participation in Malaysia.
51 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 21 - 22

Scope of the Government’s commitments towards ensuring the right to be heard for all
children
The obligation on the Government of Malaysia to protect, respect and promote the right
of children to participate in decisions that affect them are governed by the Convention on
the Rights of the Child (CRC), and the National Child Policy.
According to Article 12 of the Convention on the Rights of the Child, children have the right
to participate in decision-making processes and to influence decisions made within the
family, school community, and other contexts such as shelters and children's activity
centres. Specifically, it emphasises that any child capable of developing opinions has the
right to freely express those thoughts on any issue that is relevant to him or her, and that
such opinions must be accorded due weight in accordance with the child's age and maturity
level. Aside from that, children have the right to be heard, either personally or through a
representative, in any court or administrative setting that has an impact on their well-
being. The right to be heard is also enshrined in various sections of the Convention on the
Rights of the Child, including articles 13, 14, 15, 17, and 31.
At national level, the National Child Policy sets out the main obligations for the
Government of Malaysia to ensure child participation. The main child participation articles
included in Objective 4 of the policy, which states:
“1. Ensuring that children have access to quality information and appropriate materials
from a variety of sources so that the children can participate in activities related to their
affairs.
2. Encourage the mass media and the private sector to disseminate appropriate and quality
information.
3. Encourage children to express their views and opinions in a responsible and ethical
manner as an input in designing programmes for them or programmes related to their
interests.”
Child Participation
Child participation is defined as children engaging in activities that allow them to form and
express their opinions and to have an impact on issues that affect them directly or
indirectly52. Children have a fundamental right to participate in decision-making processes
by encouraging and enabling them to express their views on pertinent issues through a
variety of modes of communication.
52 United Nations Children Fund (2018). See https://www.unicef.org/media/59006/file.

Promoting meaningful child engagement entails the implementation of four components:
(1) Creating safe spaces and opportunities for children to access information, share their
opinions, and make decisions about issues they are grappling with are essential; (2) giving
them the freedom to freely express their own views in a form of their choosing; (3) hearing
their point of view and considering it; and (4) influencing decisions by taking their point of
view into consideration and communicating them are also essential.
While rights-based participation can be consultative, collaborative, or child or adolescent-

led, it must always meet the nine basic requirements for quality participation (transparent
and informative, voluntary, respectful, relevant, facilitated with child-friendly
environments, inclusive, supported by training, safe and sensitive to risk and finally
accountable).
Critical Gaps in Child Participation in Malaysia
Insufficient awareness programmes on children's rights and participation

To improve children's well-being, children, parents, teachers, and the community must all
be made aware of rights as children. Adults should know that child participation improves
protection. Educating children and encouraging them to express their concerns and
creating safe and accessible means for combating violence and abuse. Participation also
encourages civic engagement and active citizenship, two important aspects of good
citizenship. As a result of their participation in discussions about issues that concern them,
children can develop the skills necessary to contribute to the development of peaceful and
democratic societies that uphold human rights.
Absence of national policies and guidelines on children's participation

A systemic externally supported child participation framework is needed at the national
level to ensure that children remain fully involved in decision-making at state and national
levels. As a result, recommendations should be provided in the framework on how child
participation should be carried out in various contexts such as the household and family
setting as well as school and child protection settings.
Absence of data on children's participation

The involvement of children encompasses a wide range of activities and programmes that
should be carefully supervised and evaluated. However, thorough data on child
participation are lacking (both physical and online). Data are needed to help child rights
advocates and practitioners address cost, risk, and resource issues.

Absence of child participation assessment
Consultative participation is the most prevalent mode of action among Malaysian children
and adolescents, particularly in schools and communities. However, they continue to face
some obstacles in sharing their perspectives and opinions. Children and adolescents
frequently lack the confidence, safe spaces, and support necessary to take the initiative
and lead. Additionally, public and agency (audience) support continues to be insufficient,
particularly in terms of funding and infrastructure.
In addition, there is an absence of the child participation assessment. Meaningful child

participation models must also include evaluation of the results of participation. This will
aid in the identification of additional compliance-improving measures. According to the
Council of Europe's Children's Rights, indicators should be established to measure progress
in preserving participation rights, spreading knowledge about participation rights, and
developing venues for participation.53
Recommendations for Child Participation in Malaysia
To promote child participation as one of the important rights in relation to child protection
and ensure development of children, the main recommendations include:
Awareness raising of the value of child participation among children, parents, teachers,
communities, and other stakeholders.
Children should be informed of the advantages of voicing their views and participating in
community activities. They should realise that their active participation can help other
children. More efforts must be made to educate parents and caregivers about their
children's right to participate and express themselves. Parenting becomes a family affair as
parents value their children's input.
Parents and family members can establish trust with their children by taking specific
knowledge, attitudes, and practise and other positive parenting skills training courses.
Parents will also learn how to guide and encourage their children to engage in school and
community decision-making processes.
Parents and family members require ongoing communication skills training to build trust
with their children. Parents will also be better able to assist and encourage their children
to engage in school and community decision-making processes. Parents support groups
should be developed locally to enhance awareness of children's rights to participate and
53 Child Participations Assessment Tools, Council of Europe 2016. See: https://rm.coe.int/16806482d9.

discuss common issues and solutions to ensure that their best interests are protected and
prioritised.
More funding should go to programmes and activities that encourage children to

participate both online and offline.
More child- and adolescent-led activities are needed to help children develop skills and
take safe risks. It is important to encourage children to take an active role in legislative and
policy reform.
Every school must incorporate students in the school governance. It is important for
students to understand school leadership and management. Students can also help define
school policies, administer school councils, design and build play areas, provide input on
teaching techniques, and serve on peer counselling and school management boards,
among other things. Student councils can let students express themselves, help with school
activities, and promote student, school, and community interactions.
Teachers need to be trained in empathy, friendliness, and appropriate communication

skills with students. Empathetic teachers and school leaders have more productive and
gratifying connections, which leads to a strong school culture where students and adults
thrive.
Schools can also encourage students to organise related programmes and activities.
Involvement in community service builds social skills, empathy, and a variety of
perspectives. A sense of purpose from volunteering can help students step outside their
comfort zone, meet new people, and form new connections.
To encourage inclusive participation, effective models of child participation in community

settings should include children and adolescents from diverse social, economic, and
cultural backgrounds. However, models must consider cultural and religious nuances.
More quality family and community programmes involving children, parents, and the
community are needed.
Priority on child participation policy and budgetary

Child participation should be a mandatory component in Child Act and other child-related
legislation. In addition, a formal framework, such as an annual conference, to involve
children and the community in policy-making and budget-sharing with children. To
promote good programming and child engagement, a group of child advocates and
specialists should develop rules and standards for reviewing children's programmes.

Prepared by:
Childline Foundation

#2: Leaving No One Behind: The right to be
Valued, Treated and Respected Fairly
Removing Accessibility Barriers and Creating Inclusivity for

Children with Disabilities in Malaysia
Current Context
The 2019 Status Report on Child Rights in Malaysia highlighted several issues placating
Children with Disabilities (CWDs), most of which stemmed from the current legislative
framework, alongside various societal norms and environmental barriers which hindered
their full participation in society 54. Whilst it is fair to note that the current legislative
framework governing CWDs has facilitated significant progress in promoting and
protecting their rights, critical gaps remain to be addressed, as the same is based on a
welfare/charity model rather than a rights-based approach. Various environmental,
attitudinal and institutional barriers curtailed CWDs in accessing opportunities and/or
facilities, in terms of education, healthcare services, and information amongst others, as
discussed below. In removing the aforementioned barriers to access and moving towards
creating an inclusive society for CWDs, a holistic and integrated response from the
government and policy makers is called for, whereby the protection and promotion of the
rights of CWDs is fully taken into consideration. Some of the recommendations and call to
action which will promote dignity, self-reliance and ensure active participation of CWDs in
Malaysia is provided below.
The Legislative Framework

In fulfilling the obligation as a UN Member State towards promoting and recognizing
fundamental human rights of children and Persons with Disabilities (PWDs), Malaysia
signed and ratified two (2) Conventions, namely the United Nations Convention on the
Rights of the Child (CRC) and the United Nations Convention on the Rights of Persons with
Disabilities (CRPD). In line with the CRC, Malaysia has an obligation to recognise the right
of a disabled child to special care, to render assistance without charges whenever possible
and to ensure that a CWD is able to achieve the fullest possible social integration and
individual development, including spiritual and cultural development, by ensuring
54 Child Rights Coalition Malaysia (CRCM), Status Report on Child Rights in Malaysia (2019), pp.65-69

accessibility in various aspects such as education, training, healthcare and rehabilitation
services, preparation for employment and recreational opportunities55. As a signatory to
the CRPD, Malaysia has a general obligation to adopt all legislative, administrative and
other measures in implementing the rights recognised under the CRPD, including
eliminating all forms of discrimination against an individual based on disability, by taking
appropriate measures in modifying and abolishing existing practices which constitutes
discrimination against PWDs and promoting accessibility in aspects such as information
and technology to all PWDs56. However, formal reservations were maintained on Article 15
(freedom of torture, or cruel, inhuman or degrading treatment or punishment) and Article
18 CRPD (liberty of movement and nationality) and is yet to ratify the Optional Protocol to
the CRPD57. Moreover, since acceding to the CRPD, Malaysia has not once submitted its
country report to the UNCRPD Committee 58.
In exercising Malaysia’s obligations pursuant to the Conventions, the Child Act 2001 (CA
2001) and the Persons with Disabilities Act 2008 (PWDA 2008) were enforced. The CA 2001
is based on four (4) pillars of the CRC - non-discrimination; best interests of the child; the
right to life, survival and development; and respect for the views of the child59. Although
the CA 2001 significantly promoted child rights in Malaysia, it is still a far cry in protecting
and promoting the welfare of CWDs, as the provisions were drafted without full
consideration of their needs and/or rights60.
The PWDA 2008 provides for the registration, protection, habilitation and rehabilitation
and the development and well-being of all PWDs including children61. Although it has been
ten (10) years since the PWDA 2008 came into force, its implementation in all aspects of
society is lacking, owing to technicalities in the drafting process and lack of provisions to
fully address certain issues. Hence, the rights of PWDs are not adequately protected.
Statistics
Data on children with disabilities in Malaysia remains inadequate and superficial due to the
lack of a comprehensive and structured system of data collation. According to the National
Health Morbidity Survey 2019, childhood overall functional difficulty prevalence is at 4.7%
(at least one domain of functional difficulty) among children aged 2–17 years old. Based on
55 Article 23, United Nations Convention on Rights of the Child (CRC)

56 Article 4, United Nations Convention on the Rights of Persons with Disabilities (CRPD)
57 Harapan OKU Law Reform Group. "Amend law to uphold rights of the disabled." New Straits
Times 4 October 2019. Newspaper, available at https://www.nst.com.my/opinion/letters/2019/10/526873/amend-law-

uphold-
rights-disabled
58 Ibid 4
59 United Nations Children’s Fund (UNICEF) Malaysia, “Childhood Disability in Malaysia: A Study of Knowledge, Attitudes
and Practices” (2017), p.31

60 Ibid 6
61 Ibid 6

the estimated population of children under 18 years of age in 2019, there would be
approximately 437,100 CWDs in Malaysia 62. However, the number of children (0–18 years
old) registered in the Department of Social Welfare’s (JKM) database as having a disability
was 176,520 in 2018, which was approximately 1.9% of the population under 18 years
old63. This gross discrepancy and under-represented data are likely due to the voluntary
registration system of disability status, lack of awareness among the public on the need to
register, coupled with the fear of stigmatisation, discrimination and rejection from
mainstream schooling64. Besides, the lack of penalties for infringing the PWDA 2008, along
with the lack of recognition of the concept of “discrimination” against all PWDs made it
difficult to collect data in relation to various categories of disabilities and the discrimination
against each category respectively, as there is a lack of record of the same. In addition,
there is also no known data on the effectiveness and progress of the National Council for
Persons with Disabilities, which is chaired by the Ministry of Women, Family and
Community Development.
Critical Gaps in Creating Inclusivity for Children With Disabilities In

Malaysia
The Shortcomings of the PWDA 2008

The PWDA 2008 is not fully aligned with the CRPD and fails to explicitly protect against
discrimination based on disability65. The Act is akin to a “toothless tiger”, as there is lack of
redress and enforcement mechanism for PWDs where there is an infringement of their
rights66. This is also the case with the Malaysian Federal Constitution, wherein “disability”
is not mentioned as one of the categories of anti-discrimination67. The Act was drafted
based on a charity model, rather than being rights-based. Thus, disability schemes are
treated as welfare benefits, resulting in the social exclusion of PWDs68. Due to the lack of
implementation and comprehensive framework afforded by the Act, coupled with the lack
of public understanding of the concept of “disability”, CWDs are often socially and
institutionally excluded from accessing various opportunities and/or facilities69. For
example, mandatory registration of CWDs may be a barrier to access education in regular
mainstream schools, unless the Act is amended to include anti-discrimination provisions.
Nonetheless, mandatory registration of CWDs would ensure that every child with
62 Institute for Public Health, National Institutes of Health, Ministry of Health (2020), pp.248-249; Department of
Statistics Malaysia (2019)
63 Ibid 1, p.65
64 Ibid 1, p.65
65 Ibid 4
66 S.41 and S.42, Persons with Disabilities Act 2008 (PWDA 2008)
67 Article 8(2), Federal Constitution of Malaysia
68 Ibid 1, p.65
69 Ibid 6, p.32

disabilities is accounted for, and equitable resources could be allocated by relevant
agencies to ensure access to education70.
Under the Act, PWDs are defined as “those who have long term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society”71. The Ministry of Women, Family and
Community Development have developed a disability categorisation system to enable the
effective registration of adults and children with disabilities, wherein seven categories of
disabilities are recognised: hearing disability, visual disability, speech disability, physical
disability, learning disability, mental disability, and “other” disabilities (for children who
has multiple disabilities or does not fit into the aforementioned categories)72. This wide
scope of categorisation made it difficult to identify and collect data in respect of the
number of children who are living with a disability, as not all disabilities are visible and
there is lack of awareness amongst the society in respect of the same, hence making it
difficult for any form of early intervention from the government and non-governmental
organisations. Obtaining reliable data on disabled children in Malaysia continues to be an
uphill struggle, due to the lack of a comprehensive and structured system of data collected,
which is compounded by the weak relationship between registration and provision of
services73.
Access to Education
Three (3) educational options are available for CWDs in Malaysia, as provided by the
Ministry of Education (MOE), namely Special Education, Special Education Integration
Programme, and Inclusive Education Programme74. Most special Education schools for
death or blind children only provide up to lower secondary level (Form 3)75. Under the
Special Education and Integration Programme, CWDs with special educational needs are
placed in segregated classrooms within the mainstream school compound76. Inclusive
Education Programme enables CWDs to study fully or partially with other students in
regular classrooms77. As of January 2019, a total of 83,039 CWDs were enrolled in MOE’s
Special Education schools, Special Education Integration Programmes, and Inclusive
Education Programmes from preschool to secondary school78. The total number of CWDs
70 Ibid 1, p.65
71 Section 2, Persons with Disabilities Act 2008 (PWDA 2008)
72 United Nations Children’s Fund (UNICEF) Malaysia, “Children with Disabilities in Malaysia”, 2014, available at
https://www.unicef.org/malaysia/media_25371.html
73 Ibid 6, p.32
74 CRCM, Status Report on Child Rights, (2019), p.66
75 Ministry of Education. "Quick Facts: Educational Statistics 2019." Ministry of Education, July (2019), p.9, available at
https://www.moe.gov.my/muat-turun/penerbitan-dan-jurnal/terbitan/buku-
informasi/2722-quick-facts-2019/file
76 Ibid 22
77 Ibid 22
78 Ibid 22, p.29. Also See CRCM, Status Report on Child Rights in Malaysia, (2019), p.66 on detailed statistics of
enrolment of CWDs under each programme.

enrolled in private Special Education schools is 864, and there is lack of data on CWDs who
attended alternative schooling i.e., regular mainstream schooling in private, international,
or home schools79. The Malaysian Educational Blueprint 2013-2025 targeted 30% of CWDs
to be enrolled in mainstream schooling, but statistics indicated that the current full
inclusion rate is far below the aforementioned target80. Whilst these statistics are
welcomed, there are merely figures, and gaps still exist as there are lack of other details is
in gauging the level of access afforded to CWDs based on their physical conditions and
needs, and also the rationale behind rejecting these CWDs in certain programmes in
schools across Malaysia81. On this point, it should be noted that there has been reports
that more than half of CWDs in Sabah did not attend school in 201982.
A large number of children with severe disabilities are often rejected from schooling in
both mainstream and Special Education schools. Instead, they are directed to Community-
Based Rehabilitation (CBR) centres for education and intervention centres. However, this
data is not reported by JKM. This resulted in CBR centres, which were meant to act as a
one-stop centre to provide rehabilitation services to PWDs in facilitating their integration
with the community (including schools) operate more as day care centres or shelter
workshops for them83. It is observed that CWDs who are rejected from mainstream
schooling are referred to CBR centres, as a last resort for them to access minimum services
and some form of education84. These CWDs are also not segregated according to their age
and the type of programme. Existing CBR centres are at full capacity, and the waiting list is
long. Besides, some CWDs, especially those in rural areas (particularly in Sabah and
Sarawak) are unable to access these facilities, owing to the distance and travelling cost they
have to incur, thereby not receiving the required care and intervention85. Furthermore, the
quality of services provided in CBR centres is questionable due to limited funding and
insufficient number of qualified intervention practitioners.
The implementation of the ZeroReject policy in 2019 resulted in more enrolment of CWDs
in national schools86. However, CWDs are subject to a maximum probation of three (3)
months to determine his/her suitability to attend school, without input from his/her
parents87, thereby curtailing their access to education. This drawback, coupled with
problems such as the limited capacity of some schools to accept CWDs (due to lack of
79 Ibid 22, p.21

80 Amar-Singh, HSS. "Education in Malaysia for children with Special Needs: Progress, Critical Gaps, Efforts under Way
and Policy." Asia-Pacific Economic Cooperation Human Resources Development Working Group, Malaysia, (11th
February 2020)
82 UNICEF (2019), p.25
84 Ibid 30
85 Ibid 30
86 Ibid 28
87 Reg. 4, Education (Special Education) Regulations 2013

manpower and inadequate support resources), the inability of teachers to cope with CWDs
due to lack of experience, training and support, and parents’ uncertainty of whether
shadow aid (for example, sign language interpreter for the deaf and note taker for the
blind) is appropriate in assisting their children at school acts as further hindrance towards
the effectiveness of the ZeroReject policy88.
The barriers to access education are much more glaring for CWDs from marginalised
communities such as refugees, asylum seekers and stateless children. Their full
participation in the Malaysian education system is denied due to their status, along with
the ever present institutional, attitudinal and environmental barriers.
Overall ,it is observed that the education system does not prepare children with disabilities
well for a meaningful and engaged life in the society after schooling years. This is in part
due to a narrow curriculum and limited future pathways for children with disabilities89.
Although MOE has started to implement transition to employment programmes with
children with disabilities in Special Education Integrated Programmes, there is no available
data on the effectiveness of the transition programmes. Other children with disabilities not
enrolled under said programme receive minimal support for transition, which can be
considered as an important milestone in their life90.
Access to Healthcare
Barriers to access quality healthcare services or interventions for CWDs arise due to the
shortage of clinical psychologists and therapists (occupational, speech-language and
physiotherapists) employed under the Ministry of Health (MOH). Consequently, many
children and families with disabilities are forced to obtain related services from private
practitioners, which can be costly91. The allied health practices were also not regulated, as
the Allied Health Professions Act 2016 only came into force on 1st July 2020.92
Other barriers faced by CWDs in accessing healthcare services include93:

(1) Long waiting lists for diagnosis of developmental disabilities, hence resulting in lack of
early intervention.
(2) Costly and inaccessible healthcare facilities for CWDs in rural areas.
88 Ibid 28
89 Ibid 28
90 Ibid 28
91 Amar-Singh, HSS and Woan-Yiing Wong. "The way forward for children with disabilities in Malaysia." Malaysiakini 1
December 2016. Letter to the Editor, available at https://www.malaysiakini.com/letters/364895

92 Ibid 30
93 UNICEF, "Issue Brief: Children with Disabilities in Malaysia." UNICEF, December (2019), p.6, available at
https://www.unicef.org/malaysia/reports/issue-brief-children-disabilities-Malaysia

(3) Shortage of qualified professionals (including clinical psychologists, developmental
paediatricians, speech and language therapists, occupational therapists, and
physiotherapists).
(4) For CWDs with rare diseases, there are barriers to access treatments and therapies,
coupled with the delays of diagnosis (more than one (1) year), and this include high
cost of treatment, lack of support systems, difficulty in accessing transportation to
treatment centres, and limited social insurance94.
Barriers to Access
Accessibility to building, facilities and public amenities remained a challenge for CWDs.
Many public buildings (for example, schools, hospitals, and government offices) failed to
comply with the Uniform Building By-laws 1984, hence limiting full and active participation
of CWDs within the local community95. For example, most schools do not have ramps for
wheelchair access, and most lifts in public buildings do not have braille or voice-over
functions to guide those who are blind and visually impaired. There is also a lack of autism-
friendly spaces to enable full participation of divergent learners (children with intellectual
disabilities) in community spaces such as playgrounds, local schools, eateries and hospitals
amongst others96.
CWDs also faced barriers in accessing information. Information which is provided in

physical forms, such as brochures, information packs and posters are not readily accessible
to certain CWDs, especially those who are blind (accessible format such as softcopies are
required) and divergent learners (information to be provided in simplified forms such as
info graphics with easily comprehensible language). To reiterate further, in today’s
interconnected and borderless world, most information is readily available and provided
via the Internet and on social media channels. However, CWDs who are not familiar with
technology lacks knowledge on relevant software’s that would enable them to access such
information (such as Screen Reader software for the blind and captioning for those with
hearing impairment).
Social Protection and Access to Justice

CWDs, particularly divergent learners are vulnerable victims of physical and sexual
exploitation and abuse97. This is because they do not have the capacity to understand the
nature and consequences of certain conducts or behaviours, and there are also no clear
guidelines on the concept of “consent” in this respect, as current laws are drafted without
considering CWDs. However, there is no data available regarding the prevalence of these
94 Institute for Democracy and Economic Affairs, Rare Diseases in Malaysia, (2019), p.21
95 10-Year Post-Ratification of the UN Convention for Rights of Persons with Disabilities (5th December 2019), forum
96 Institute for Democracy and Economic Affairs, Living with Autism in Malaysia, (2015), p.14
97 New Straits Times (2019); The Star (2019)

cases, owing to the fact that CWDs lacks knowledge on the proper avenues available, the
lack of support system in this country to cater to these instances where CWDs are involved,
and also the fear and vulnerability of CWDs or their parents/guardians to report these cases
to the authorities due to societal norms and stigma attached to CWDs.
In addition, CWDs are susceptible to negative influences to engage in behaviours such as

consuming drugs, drug peddling, watching pornography, vaping or smoking98. Besides, the
Malaysian criminal justice system does not cater to young offenders who are CWDs,
particularly those who are divergent learners where their disabilities are “hidden”, thereby
making them subjects of bullying and discrimination when admitted to rehabilitation
centres for young offenders. The fact that the scope of the CA 2001 does not extend to
cover CWDs in this respect made them more vulnerable and exposed to the justice
system99. There is a lack of awareness and clear guidelines on the management of CWDs
who offenders by the authorities are, such as the police force. Legal SOPs and procedures
are drafted in complex language which is not accessible to CWDs, particularly divergent
learners100. Nonetheless, in 2019, it was reported that the police have created new SOPs
for handling cases which involved suspects who have autism101, but it remains to be seen
to what extent these SOPs are effective, given the broad spectrum whereby the level of
disability is different for all divergent learners.
Impact of the COVID-19 Pandemic on CWDs and their Families

According to the Disability- Inclusive Response to COVID-19 launched by the UN Secretary
General in late May 2020, the five (5) key impact of this global crisis on PWDs are as
follows102:
(1) PWDs were at greater risk of contracting COVID-19;
(2) PWDs were at greater risk of developing more severe health conditions and dying
from COVID-19;
(3) Higher mortality rates for PWDs living in institutions, as they are more likely to
contract the virus;
(4) Greater risk of discrimination for PWDs in accessing healthcare and life- saving
procedures; and
(5) PWDs are particularly disadvantaged by the socioeconomic consequences of the
pandemic and measures to control the same (for example, the movement
restriction orders).
98 UNICEF Malaysia, "Childhood Disability in Malaysia: A study of knowledge, attitudes, and

practices.”, (2017), pp.65-66, available at https://www.unicef.org/malaysia/reports/childhood-disability-malaysia
100 Ibid 46
101 Ibid 30
102 UN, Policy Brief: Disability-Inclusive Response to Covid-19, (2020), United Nations Headquarters, New York

A recent survey showed that the global pandemic and new normal had severely impacted
the lives of PWDs, wherein 44% are unable to access the services they need; 24% felt lonely
and isolated; 24% experienced loss of earnings, hence unable to afford daily essentials;
17% did not fully understand the risk of COVID-19; 14% felt their mental health was
affected; and 34% felt that there should be more CWD-friendly and accessible information
related to the pandemic103. COVID-19 also exacerbated the pre-existing inequalities faced
by CWDs, and there are more barriers to access due to measures imposed by the
government to curb the spread of the pandemic, mainly the movement restriction orders
from late March 2020 onwards. Families with CWDs who suffered loss of earnings due to
unemployment or retrenchment are unable to afford early intervention or rehabilitation
services for their child, and they are unable to access the essential services in helping their
child to thrive (for example, speech therapy, occupational therapy and CBR centres) due to
the movement restriction orders. As a result, there was regress in the physical and
psychological health of CWDs. The lack of public information produced in accessible
formats for CWDs (which can integrate with assistive technology) causes CWDs to be left
behind and lacked knowledge on the risks of COVID-19, and preventive measures against
the same. Furthermore, education programmes which were implemented quickly
(especially online/remote learning) placed CWDs at a disadvantage, as they are unable to
engage with the teachers and other students, and faced difficulties in understanding the
content. This is due to the fact that most CWDs lacked knowledge on utilising online tools
and applications, the content is not produced in accessible formats for CWDs and not
differentiated from those prepared for mainstream students, and no additional support
are available (such as sign language interpreters or captioning for the deaf, or note takers
for the blind)104.
Recommendations in Creating Inclusivity for Children With

Disabilities In Malaysia
This paper echoes some of the recommendations put forth by the Status Report on Child
Rights 2019105. Further recommendations will also be provided, in ensuring that CWDs are
able to fully participate and integrate with society.
Recommendations to the Malaysian Government:

(1) Legislative framework
103 UNICEF Malaysia RapidPro, COVID-19 Impact on Children with Disabilities Survey, (2020)
104 UNICEF, Policy Brief: Mitigating the Impact of COVID-19 on Children with Disabilities in Malaysia: Immediate,
Medium and Longer-Term Policy Actions, (2020), p.5

(i) Amend the PWDA 2008 to include a provision on anti-discrimination against PWDs
(including in the school context).
(ii) Include redress mechanisms for physical or sexual exploitation and abuse, or any
form of gender-based violence against CWDs in CA 2001, PWDA 2008, and other
relevant legislations in this respect.
(iii) Repeal S.41 and S.42 of PWDA 2008 which protect the government, public servants
or their representatives from being sued when they failed to fulfil their legal duties
and obligations towards PWDs.
(2) Social protection

(i) Amend Child Act 2001 to address the specific needs of CWDs in all aspects of child
protection.
(3) Removing barriers to access

(i) Conduct independent audits on accessibility of schools and other government
facilities.
(ii) Amend the Education (Special Education) Regulations 2013 and Education Act 1996
to mandate inclusive education as a right of all CWDs and repeal the 3 months’
probation period to determine suitability of a CWD to attend school.
(iii) Ensure that all CWDs have equal access to healthcare services.
(iv) Systematically collect and publish disaggregated data on children’s access to
healthcare, including the number of clinics, healthcare professionals, specialists,
and private versus public providers at the sub-district, district and state levels, with
particular focus on the facilities/services available for CWDs. Information should be
provided in accessible formats for CWDs, their parents or caregivers.
(4) Mitigating the impact of the COVID-19 pandemic on CWDs106

(i) Disaggregate data related to COVID-19 by sex, age, and disability in order to
understand the gender and disability-related differences in exposure, testing,
treatment, recovery and to support the design of differentiated
response/preventive measures, complemented by rapid assessment on the impact
of COVID-19 on CWDs.
(ii) Ensure that COVID-19 prevention protocols address barriers to access essential
services for CWDs, such as environmental barriers affecting accessible health and
wash facilities; lack of accessible public transit system; high cost of healthcare
services; and limited capacity of health workers to communicate and work with
CWDs.
UNICEF, Policy Brief: Mitigating the Impact of COVID-19 on Children with Disabilities in Malaysia: Immediate,
106
Medium and Longer-Term Policy Actions, (2020), pp.5-6.

(iii) Provision of PPE and hygiene materials to CWDs and information on COVID-19 in
accessible forms to help CWDs understand the risks associated with the pandemic
and practice preventive measures to curb the spread of this virus.
(iv) Accessible information for CWDs, their parents and caregivers on how to prevent
and respond to COVID-19 (including information on COVID-19 screening facilities
and available helplines). Information to be produced in accessible formats (for
example, audio description or text to image description for the blind and visually
impaired, captioning for the deaf, and info graphics for divergent learners), and to
be distributed through relevant disability social networks and PWDs-centric
organisations.
(v) Support essential therapeutic and rehabilitative services for CWDs to be delivered
via disability accessible online platforms as well as PPE training for health workers
in preventing disease transmission for those who are conducting in-person services
for PWDs.
(vi) Increase financial assistance for CWDs in poor and low-income households.
Recommendations by Brian Lariche (CEO) and Amanda Kong (Community Advocate for
PWDs), Make It Right Movement (the CSR arm of BAC Education Group)
(1) Submit the country report on the status of PWDs in Malaysia to the UN. The Make
It Right Movement (MIRM) is curating the first ever Status Report on the Rights of
PWDs in Malaysia, which mirrors the Status Report on Child Rights produced by
CRCM, with comprehensive data and case studies on the current situation of PWDs
in Malaysia, critical gaps that needs to be address, along with recommendations
and call to actions in various aspects. This report serves to prompt a response from
the government, aside from being a reference point for disability-centric NGOs and
also to create public awareness on disability-related issues. This report will be
published by September 2021.
(2) Develop an educational pathway for CWDs upon leaving secondary education to
enable them to transition to employment and independent living. This can be done
by curating a certified curriculum for PWDs, which focuses on capacity building and
professional development, such as developing job ready PWDs and essential hard
and soft skills in moving towards self-sufficiency. This approach will greatly benefit
PWDs who have no prospects of continuing higher tertiary education, particularly
divergent learners due to the lack of access and opportunities provided in Malaysia.
(3) Develop a holistic framework for CWDs to access opportunities in various fields, for
example, pursuing a career in the legal or education field, fine arts, hospitality,
prospects in administration and human resource, or business management. This

can be done by creating an inclusive space for CWDs to thrive by providing more
education opportunities in higher tertiary institutions (public and private) in the
aforementioned areas. Furthermore, the module content for these areas should be
tailored to the needs of different CWDs, based on an assessment of their individual
capacity. This will create more employment prospects for CWDs, thereby promoting
their full and active participation in society.
(4) Move towards a rights-based approach in promoting and protecting the rights of
PWDs. This can be done by implementing awareness campaigns, implementing
social inclusion policies, practices and strategies that facilitate full participation of
PWDs, via consultation with disability-centric NGOs. This should be carried out on
an annual basis, to ensure that policies and practices governing CWDs are updated
regularly to cater to current needs.
(5) Move towards a more inclusive education as much as possible with all CWDs to
ensure that the children feel comfortable with each other regardless of disability
and not be stigmatised. As a starting point, CBR centres should not merely be taken
as the last resort to place CWDs who are unable to fit into the educational system.
CBR centres should focus more on developing and enhancing the hard and soft skills
of CWDs, by tapping into their potential to bring out the best in them. CWDs in CBR
centres should also be exposed to societal norms, whereby part of the curriculum
from mainstream schooling is adapted based on the capacity of these CWDs, and
they should be exposed to other typical students via interactive activities such as
field trips. To facilitate the aforementioned suggestions, more funding should be
allocated to CBR centres, with constant monitoring and evaluation, in order to carry
out these initiatives.
(6) Remove barriers to access information for PWDs, by developing disabled-friendly

and practical solutions that will ensure equal access of information for PWDs. For
example, 60% of the government websites in Malaysia are not equipped with
accessibility features for PWDs (such as not being Screen Reader friendly for the
blind and visually impaired community, no captioning or subtitles available for the
deaf community, and lack of info graphics for divergent learners). Developing
accessible websites and online platforms with essential and relevant information
which is to be updated regularly is essential to ensure that PWDs are able to keep
abreast of current trends, and to facilitate freedom of choice and independent
living for them.

(7) Strengthen active participation of CWDs, by enabling them to take part in decision-
making process in activities/policies where they are involved. For example, holding
regular Town Hall sessions to obtain the opinions of CWDs on the way forward for
certain policies, such as their thoughts on the current education framework, access
to quality healthcare and access to buildings, amenities and recreational facilities.
(8) Promote self-independence amongst CWDs by allowing them to make informed

choices. For example, to produce surveys or application forms for all
programmes/courses in accessible formats for CWDs to complete independently,
without having to rely on their parents or care givers.
Prepared by:
Lariche Community

Valued, Treated and Respected Fairly:
Challenges Faced in Sabah and Sarawak
Situation of Children in Sarawak
Current Context
For national policy to meet the aspiration of ensuring the rights and developmental needs
of all children are met, it is imperative that local realities are known and given due attention
throughout the process of planning and implementation.
This is especially so for the East Malaysian states of Sarawak and Sabah whose culturally
diverse populations scattered across rugged, vast terrains presents specific challenges as
does the high rates of poverty within each of these regions. These are also the states with
the lowest ratings on the sub-national Human Development Index with 0.704 for Sabah
and 0.739 for Sarawak107 and the ones with the highest number of rural households.108
For these reasons CRCM is submitting specific papers on both of these states. They should
be read in conjunction with the other position papers on national issues affecting children
as they are also pertinent for East Malaysia and need to be considered in the wider context
detailed in the two additional papers.
The following three key areas are crucial to understanding the context in which children
are raised in Sarawak compared to most in West Malaysia.
107 Subnational Human Development Index (2.1) [Malaysia]". Global Data Lab of Institute for Management
Research, Radboud University. Retrieved from

https://en.wikipedia.org/wiki/States_and_federal_territories_of_Malaysia June 7 2021
108 Only Kelantan at 52.4% has a higher percentage of its population living rurally compared to Sarawak at 57.5% &
Sabah at 62.6% but as the population is significantly less the States with the most rural children are in East Malaysia.
Sources: Department of Statistics (i) Household Income And Basic Amenities Survey Report 2019 p 63 for Urbanisation
rates & (ii) Children Statistics for Malaysia 2019 for population figures, respectively
(i)https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=120&bul_id=TU00TmRhQ1N5TUxHVWN0T2V
jbXJYZz09&menu_id=amVoWU54UTl0a21NWmdhMjFMMWcyZz09
(ii)https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=333&bul_id=c3I4eitkb1RZTlMvUjNLZVRBME
xVQT09&menu_id=U3VPMldoYUxzVzFaYmNkWXZteGduZz09

Challenges in Accessing Services:
The size, terrain and historically low levels of infrastructure in Sarawak make it difficult and
expensive for rural populations to have easy access to essential services. Sarawak, at
124,450 sq. kms, is the largest of Malaysia’s States, (approximately 95% the size of the
Peninsular), and it is the fourth populous - after Selangor, Sabah and Johor - with 27.9%
(785,000) of its people being under 18.109 Given that 42.5% of households are in rural
areas, the issue of access affects many children especially those living in the more remote
rural areas who mainly come from the native, indigenous communities, especially the Ibans
and the varied Orang Ulu ethnic groups.
Only by looking at data from the administrative district level can the extent of the problem
begin to be understood. For instance, in the Household Income and Basic Amenities Survey
2019 for Sarawak it is stated that 73.5% of households live less than 5km from a public
health facility but on closer examination, out of the 40 administrative districts listed, 31 of
them fall below this percentage with 8 falling below 50%, the lowest being Sebauh at
27.6%. The percentage for those living more than 9km from such facilities for the State as
a whole is 15.5% however 29 districts exceed this figure, again with Sebauh being the
highest at 56.3% but it is not the only administrative district exceeding 30%, 12 others do
with five of them scoring over 40%110. This could account for why in the 2016 survey it was
reported that 43.6% of rural households live more than 9km from a health care centre.111
The recent exposure of a remote village to Covid-19, after an asymptomatic person had
returned home for her mother’s funeral, gives an illustration of the extent of the challenges
to access health care. The health department needed to use a helicopter to fly from Miri
as the alternative was a 10-hour drive mainly by logging road and two hours by river112.
The nearest clinic for the exposed village is over 2 hours away and is reached using a
longboat (navigating a rapid) followed by either a walk through the jungle or driving a four
wheel drive on a logging road. The clinic does not have any doctors just 2 medical
assistants, one temporarily redeployed to Miri to help with the pandemic, and a clinical
assistant113. This clinic is expected to serve a scattered population of approximately 2,000
people in 7 settlements, two primary schools and a logging camp114.
109 Children Statistics of Malaysia Nov 2019 , Department of Statistics ibid

110 Household Income and Basic Amenities Survey Report Sarawak 2019 p74 retrieved from Department of Statistics
www.dosm.gov.my
111 Department of Statistics, Household Income and Basic Amenities Survey Report 2016, p. 98, quoted in Visit to
Malaysia: Report of the Special Rapporteur on Extreme Poverty and Human Rights -
https://undocs.org/A/HRC/44/40/Add.1
112 https://www.theborneopost.com/2021/06/04/covid-19-health-workers-arrive-in-long-lamai-to-swab-test-villagers/
113 Local informant
114 People requiring hospitalization from this area travel to Miri unless situation is such a helicopter is sent to reach
them.

When it comes to education not surprisingly Sarawak has a huge number of boarding
schools at secondary level – 124 out of 193 - 115 as many households are more than 9 km
from the school. The State’s total is 18.1% with a further 7.1% being more than 5 kms.
Again, in all three distance categories, there is huge variance. Although overall 74.8% of
households are within 5 kms from a secondary school, this dropped below 50% in 16 of the
40 districts, with Selangau only mustering 8.5%. When looking at the percentage of
households over 9km, 30 districts were above the State average with 28 of them having
more than a quarter of the households that far, including 7 with substantially more than
half of its households within that furthest category116.
Many primary schools also have boarding facilities – in total 495 - while the State total
figure shows 94.1% of households are within 5 km of a primary school there are 8 divisions
(Tatau; Belaga; Pakan; Sebauh; Subis; Song; Beluru and Telang Usan) were more than 20%
of households have to travel further to reach primary education with the highest figure
being 42.5%. For three districts – Song, Beluru and Telang Usan - more than 20% of
households were more than 9km from a primary school and three others were in double
figures117. There has been a move to centralize many of the 651 under-enrolled primary
schools to both save costs and raise teaching and therefore academic standards, but this
was met with opposition from parents due to understandable concerns over young
children having to travel further to school so has been shelved for now118.
The adequacy of facilities at rural schools has been a long standing issue especially in terms
of the dilapidated state of buildings but also in terms of shortage of staff for specific
subjects and the extra challenges staff face just reaching their destination. For example, SK
Lusong Laku lacks 24 hour electricity, treated water and proper school buildings. The staff
are residential and to travel from the main urban centre to the school can cost as much as
RM1,600 if they do not have their own 4WD necessary to make the 273km trip, the last
section being described as nearly impassable.119 The poor condition of schools is not an
exception but a common problem, with some not having treated, piped water. In 2018, the
State Government revealed that 1,020 out of 1,454 across the State we're in a dilapidated
115 Information given personally for both primary and secondary schools
www.dosm.gov.my
117 ibid
118(i) www.theborneopost.com/2020/10/14/manyin-centralised-schools-proposal-shelved-due-to-parents-objections/
& (ii) for outline of MOE policy and case study on SK Ulu Lubai a high performing under-enrolled school in Limbang,
Sarawak see https://www.moe.gov.my/menumedia/media-cetak/penerbitan/dasar/1207-malaysia-education-
blueprint-2013-2025/file p122 – NB MOE policy is for local communities to decide whether to relocate or keep status
quo (see p123).
119 https://dayakdaily.com/rm1600-for-teachers-to-travel-to-sk-lusong-laku

condition with 415 being in a critical condition out of which only 205 were accepted into
the 11th Malaysian Plan for upgrading by 2020.120
Across rural areas, internet coverage is patchy with many places off the grid. Telephone
communication is also problematic. It is not an uncommon sight to see people gathering
on hills trying to locate a signal. Due to the demographics and cost of installation the
companies have not found it commercially attractive to install towers, initially providing
them to enable the logging companies to be connected. Coverage has since improved and
the State is continuing to find ways to enable increased access with its latest plan being to
establish its own telco in addition to its earlier decision to fund erecting towers121.
Overseeing telecommunications/internet connectivity - like major roads, education and
health - is primarily under the Federal Government’s administration. When there is a signal,
it tends to be intermittent, however more rural communities can now connect to relatives
and services in town through WhatsApp but accessing online services is rarely feasible. The
recent reliance on online teaching will have greatly disadvantaged children in rural schools.
Even for those communities that can access WhatsApp, downloading files can take
hours122.
For some children not only do their homes not have internet but some also lack electricity.
Although there has been a huge increase in providing electricity to rural communities, from
56% in 2009 to 95% in 2020, it is anticipated it will take until 2025 to reach full coverage123.
Piping water into the house is likely to take longer. According to the 2019 Household and
Basic Amenities Survey for Sarawak, although the State’s average for such piped water is
86.4%, at district level there are eight districts that record half of their households or less
lacking such amenities with Bukit Mabong the lowest with only 3.7% of homes there having
piped water 124. For all the figures from this survey it should be remembered that the most
remote communities are probably underrepresented as the cost in terms of time and travel
expenses make it difficult for them to be adequately captured in the sample125.
120 CRCM’s Status Report on Child Rights in Malaysia 2019 p93 &
https://www.theborneopost.com/2018/07/18/manyin-education-ecosystem-in-rural- schools-still-far-behind/
121 See reasons and discussion at (i) https://soyacincau.com/2020/11/25/sarawak-set-up-own-telco-abang-johari/
(ii) https://www.freemalaysiatoday.com/category/nation/2020/11/29/sarawak-telco-wont-be-white-elephant-says-
academic & (iii)https://www.borneotoday.net/sarawak-plans-to-have-its-own-telco-in-two-years-time/
122 https://dayakdaily.com/rm1600-for-teachers-to-travel-to-sk-lusong-laku
123 https://www.newsarawaktribune.com.my/2025-target-to-power-rural-sarawak/ &
https://www.sarawakenergy.com/media-info/media-releases/2021/plantation-and-timber-companies-urged-to-work-
together-to-fully-electrify-sarawak retrieved June 10th 2021
www.dosm.gov.my
125 Ibid p151 “For Sabah and Sarawak, due to inaccessibility, the rural strata had to be further stratified based on the
time taken to reach the area from the nearest urban centre”. NB. Household surveys are based on a representative
sample unlike the 10 yearly census that tries to count everyone.

Access to other services taken for granted in urban areas is also problematic. Banking
requires a long trip to the most accessible district or divisional centre. For a headmaster in
a major secondary school serving the upper reaches of the Baram river this required a 5
hour trip by logging road to Miri to access funds for distribution to eligible students from
the Penan community126. Distribution of financial aid from other Ministries to the remote
rural population is likewise problematic, as is applying for help in the first instance, as has
been highlighted during the distribution of Prihatin, prompting discussion on how this can
be tackled127.
High rates of Poverty:

The exact number of children living in poverty is an unknown as national statistics only
refer to households but UNICEF has estimated it to be 3 times that of the national rate128.
Sarawak was ranked third in the 2019 Government figures for households living in absolute
poverty with a figure of 9%, after Sabah – the highest –and Kelantan129. This ranking was
published before the revision of the poverty line which came about following the
observations of the then UN Special Rapporteur on Poverty, Prof. Alston, during his visit to
the country in 2019. It has since been noted that overall poverty rates in Sarawak are likely
to rise both due to this revision and the impact of the pandemic130. Prior to this there had
been an improvement comparing 2016 data with 2019 for both absolute and relative
poverty, although rural rates remained high at 14.6% and 26.1% respectively. Again,
looking at the variance between administrative districts, there were many substantially
above these percentages with 12 districts scoring higher than the average for absolute
poverty (the highest being Pusa with 38.6%) and 15 higher than the average figure for
relative poverty (5 scoring 40% or above including Pusa, the highest at 44%, followed by
Julau; Kanowit; Tebedu and Song).131
In his report to the UN132, Prof. Alston – who visited Sarawak – highlighted how poverty
across the country is high for indigenous communities and that Sarawak has the highest
percentage of indigenous people, although the poverty level amongst them appeared less
than Sabah natives and the Orang Asli in the Peninsular, judging from the last available
126 https://sarswws.org/wp-content/uploads/2020/10/Empowering-Rural-Girl-Booklet.pdf -project undertaken in 2010

and distribution of funds remain problematic
127 https://www.freemalaysiatoday.com/category/nation/2020/05/19/sarawak-urged-to-expand-mobile-banking-for-
rural-communities/ NB, State Governent opened discussions with specific banks on how to bring banking to rural
communities promoting others to share problems and ideas on how to extend idea of mobile banking
128 Unicef Submission to UN Rapporteur on Poverty – noted on p15 of his report
129 Key Findings Report on the Household Income and Basic Amenities Survey p99 retrieved from Department of
Statistics www.dosm.gov.my
130 https://www.dailyexpress.com.my/news/162730/poverty-rate-in-sarawak-expected-to-increase/
www.dosm.gov.my
132 Visit to Malaysia: Report of the Special Rapporteur on Extreme Poverty and Human Rights -

statistics gathered more than a decade ago133. He called for regularly updated
disaggregated data to reveal how indigenous communities were impacted by poverty. He
noted that for the natives of Sarawak and Sabah being Bumiputra, and the national
statistics not separating out ethnicity within this group, their situation was obscured. If
such disaggregation of statistics was made, he remarked it would enable “policymakers
..[to} develop solutions responsive to their needs.”134 The Ministry of Statistics has itself
stated, “Wide economic gap between ethnics is one of the nation’s biggest challenges.
Therefore, an accurate and detailed information is needed to formulate policies and
accurate programs,”135 so there is a chance Prof Alston’s point will be taken up in the
future. In relation to Sarawak, he also commented on the distance many people face
reaching schools and health facilities noting that the latter was not free when the cost of
reaching such care was taken into account, especially to the more distant hospitals. The
transport costs are also a burden on poor, rural families when sending their children to
distant schools.
Although those in the deep interior face issues of distance and poor infrastructure, this is
also a reality for many other rural populations including those living along the vast
coastline136, traditionally more populated by Malays and Chinese, and those living not far
from urban areas as the crow flies but who do not have good roads connecting them. More
accurate information on ethnic breakdown and location of the poor would assist planning
– as would data on food security and healthy diet - and would confirm that poverty occurs
across all 3 major ethnic groups within Sarawak, being Native/Dayak, Malay and Chinese,
and is present in both rural and urban settings.
Urban poverty has been more apparent during the MCO137 but has been a known
phenomenon for some time with some, not all, related to those migrating from rural to
urban settings in search of work but finding it hard to find a foothold in their new
settings138. An example of this is Kampong Chawan in Kuching where rural people
133 Ibid. NB The figures for the Orang Asli were given to him by the Malaysian authorities and those for Sarawak and
Sabah from the 10 Malaysia Plan published in 2010. His figures for the proportion of indigenous peoples were from an
international source and their definition of indigenous appears to have included all Bumiputras for Sarawak and Sabah
given the different status in East Malaysia whereas the term is only used for Orang Asli in West Malaysia. Nevertheless
Sarawak does have the highest percentage of Orang Asal using that term in its usual meaning.
134 Ibid p13
135 Household Income and Basic Amenities Survey 2019 Report P68 retrieved from Department of Statistics
www.dosm.gov.my
136 1,234km
137 https://dayakdaily.com/twin-crises-of-covid-19-mco-highlights-plight-of-sarawaks-growing-urban-poor/ ; Also in an
online forum it was shared by an NGO who had delivered food how many poor urban families had difficulty affording
to charge their phones as children relied on doing this at school and adults in work on their place of employment.
Paying for data was also a problem – so even children who have had access to a phone while school has been online
will have missed out on lessons. Period poverty has also been uncovered.
138 https://www.malaymail.com/news/malaysia/2020/06/24/urban-poverty-in-state-due-to-rural-urban-migration-
says-sarawak-minister/1878603

squattered over 30 years ago139 and where attempting to break the pattern of ingrained
poverty is now one of the projects being undertaken jointly between parliamentarians and
CSOs to work towards the achievement of the SDG goals along with government
agencies140. The need for better statistics to address urban poverty has been recognized
by a State Minister and plans to effectively collate and distribute this information are in
the pipeline.141
Statewide statistics revealing numbers of single headed households; young parents;

grandparents being primary carers for their grandchildren and disability within the
household will all help gain a better understanding of how these risk factors are linked to
child poverty within the Sarawak context. How to effectively address such dispersed
poverty is a matter of debate but will need to take account of the difficulties rural folk have
in applying and receiving aid. Universal social protection systems have a better chance of
reaching all in need but will still need to ensure all across this rugged State can benefit.
A Culturally Diverse Indigenous Population and Unique Multi-racial Society

Sarawak has a different demographic profile to the rest of Malaysia which needs to be
taken into account to ensure programmes are culturally appropriate and meet the wishes
of the people.
The indigenous ethnic groups, as part of the agreement in establishing Malaysia, are all
classified as Bumiputra so unlike West Malaysia there is no such categorization of Pre-Bumi
or Orang Asli. This is often not understood outside of the State. The term native usually
refers to the Iban, Bidayuh and varied Orang Ulu groups, often collectively referred to as
Dayaks142 who make up 43.4% of the population with the Ibans being the largest at
28.3%143. However the term can also cover both native Malays and other Muslim native
groups, such as the Kedayan, and the Melanau who uniquely have for generations included
both Muslim and Christian families.144 Across Sarawak over 40 sub-ethnic groups exist each
139 https://dayakdaily.com/living-and-dead-share-the-same-space-at-kampung-chawan/
140 The All Party Parliament Group Malaysia on Sustainable Development Goals has initiated projects in specified
constituencies to localize working on achieving the goals at community level and notes the Kuching squatter project in
its 2020 Annual Report. Details on the squatter area were reported in the press:
https://www.theborneopost.com/2019/08/09/living-next-to-cemetery-in-the-midst-of-city/ &
https://dayakdaily.com/living-and-dead-share-the-same-space-at-kampung-chawan/
141 https://www.malaymail.com/news/malaysia/2020/06/24/urban-poverty-in-state-due-to-rural-urban-migration-
says-sarawak-minister/1878603
142 Dayaks originally referred to the Ibans and Bidayuhs but now the Orang Ulu are often included under the term
including when celebrating native culture.

143 https://en.wikipedia.org/wiki/Demographics_of_Sarawak extrapolating data from the State Statistics Department
for 2012 released in February 2014 and published in the Borneo Post retrievable at
https://web.archive.org/web/20160415063610/http://www.theborneopost.com/2014/02/08/state-statistics-malays-
edge-past-chinese-in-sarawak/
144 Under State law governing inheritance of land natives are all the groups listed under the Rajah Brooke rule although
those self-identifying as such are a larger number consequently recognising this reality is currently being considered.

with its own culture and distinct language145 with some larger groups having news
imparted by RTM radio in their own language. Part of Sarawak’s heritage is that it has three
legal systems, the Native Courts being the additional one to the Civil and Syariah Courts.
Within the Native Courts each ethnic group’s adat is respected. Currently its operations
and resources are being reviewed to help strengthen its work.
In addition to the indigenous communities, for many generations there have been Chinese
Sarawakians and until 2014 they were the second largest group when they became third
at 24.2% of the population, with the Malays becoming 26.4%. The Indians are much fewer
at 0.3% but have also been living in Sarawak for many years146. Unlike Semenanjung and
Sabah, Sarawak has not seen a huge influx of foreign workers although there has been an
increase especially from neighbouring Indonesia as the plantation sector expanded,
amongst other economic sectors, and many Sarawakians moved to West Malaysia to find
better paid work. Recently it was estimated 200,000 foreigner adults were living in the
State147. Sarawak has a reputation for harmonious inter-ethnic relations and this is seen
at the family level where having relatives of different ethnicity and/or faith is common.
There are also trans-national families. This multiculturalism is part of the fabric of life in
Sarawak and a tradition people take pride in.
Critical Gaps Facing Children in Sarawak
Each of the critical issues outlined below need to be seen in the context of the three
dimensions of the overall Sarawak context raised in the previous section and how they –
difficulty in accessing services; high poverty rates and the need to understand the cultural
diversity - intersect with each other and impact on the child specific issues raised in this
section.
Ensuring Every Child Receives an Education

Despite Sarawak’s efforts to reach children across its vast terrain and to date to keep open
300 primary schools with less than 50 pupils148, two groups can fall through the net. They
are children who are undocumented/stateless and those with special needs, especially
145 https://en.wikipedia.org/wiki/Demographics_of_Sarawak & also referring to list supplied by anthropologist Jayl

Langub
146 https://en.wikipedia.org/wiki/Demographics_of_Sarawak extrapolating data from the State Statistics Department
for 2012 released in February 2014 and published in the Borneo Post retrievable at
https://web.archive.org/web/20160415063610/http://www.theborneopost.com/2014/02/08/state-statistics-malays-
edge-past-chinese-in-sarawak/
147 https://www.theborneopost.com/2021/02/19/sarawak-to-include-some-200000-foreigners-in-states-covid-19-
vaccination-plan/
148 www.theborneopost.com/2020/10/14/manyin-centralised-schools-proposal-shelved-due-to-parents-objections/

those with physical disabilities and/or profound learning disabilities. Given the move
towards all children receiving pre-school education, the challenges in meeting this
aspiration within the State is also highlighted.
(i) Statelessness:
The national picture is detailed in a separate position paper. The Sarawak situation is one
where, although exact numbers are not known, the majority of stateless children have
been born here by parents, or a parent, also born here but who lack the required
documentation to prove it149. This can be due to past and present hurdles in reaching the
authorities (distance; cost; no roads: not having all the paperwork expected if able to reach
the JPN office and unable to make another trip) and JPN’s lack of awareness of local adat
including marriage, rejecting some which occurred at a date accepted by the State150.
There are numerous examples of people stuck for years despite efforts from their
community leaders and political representatives. There are also families where some
children have been given citizenship and others not.151 A prevalent view is that the Federal
authorities do not understand the local reality, multiple cultures and history which
compound the problem and the situation will only be improved when that learning has
taken place and workable systems are established.
The recent reinstatement of the Sarawak Special Committee on Citizenship152, now jointly
chaired by a Federal and a State Minister, has been warmly welcomed and it is anticipated
this will also lead to the re-establishment of the earlier task force153 which had started the
mammoth task of going down to the ground, engaging with civil society and community
leaders, to reach the affected people and help the process of application to the Home
Ministry in PutraJaya. That said, an experienced activist in this area has noted that
innovative thinking will be required to resolve this issue as “many of the natives in Sarawak
simply do not have any document as they were born in rural villages where registration was
unknown or uncommon”.154
He is therefore calling for the definition of ‘proper documentation’ to be less rigid so

evidence such as clinic cards from birth can be accepted and for national registration
officers “to follow applicants stories carefully, not with a view to exclude but rather with a
149 https://tvstv.my/2021/04/08/stateless-in-sarawak-most-long-singut-residents-without-proper-papers/
150 The Status of Women’s Human Rights: 24 years of CEDAW in Malaysia (2019), WAO p 226
151 Ibid & https://www.theborneopost.com/2018/08/16/statelessness-a-long-standing-issue-in-states/
152 https://www.theborneopost.com/2021/04/07/sarawak-special-committee-on-citizenship-reinstated-to-help-
stateless-children/
153 https://www.borneotoday.net/serious-statelessness-in-sarawak-ngos-want-taskforce-to-be-extended - explains
why in 2018 NGOS wanted the work of the task force and summarises a range of difficulties faced by rural people
154 https://www.theborneopost.com/2020/12/15/activist-to-home-minister-understand-the-cause-of-stateless-cases-
in-sarawak-before-creating-any-policy/

mindset of solving the problem where they firmly believe the case to be genuine”.155 There
has also been a call for the older generation unable to prove their place of birth, some of
whom served in the border scouts, to be given an amnesty both to help them and to ease
the registration of their lineage born in Sarawak but denied citizenship due to their
parents/grandparents lack of documentation.156
For the children the most pressing issue is access to education which ironically has become
harder for some rural children compared to the past, as previously primary head teachers
with a good understanding of the local community would accept children known to be local
but now head teachers, especially those less knowledgeable of the communities they
serve, are cautious given the attention the matter has been given at their national Federal
headquarters. This is despite a State Minister urging for the zero rejection policy, when it
was first extended to stateless children, to be seen as that and for the schools to provide
education while the issue was being worked out157. Some students without complete
documentation in the past have been able to transfer into secondary school and take
exams but then face difficulties when wanting to go further in their studies or find
employment thus entrapping them in a life of poverty.
(ii) Special Needs Children:

Providing education to children with disabilities across the country, both in urban and rural
areas, is well short of the expectations set by the two relevant UN Conventions Malaysia
has signed, as detailed in the position paper dealing with this topic.
Within Sarawak accessibility is, not surprisingly, the key issue. For children with visual or
auditory impairment, who also need accommodation, there is urban based boarding school
provision so they no longer need to go to West Malaysia, but for children with mobility
issues few schools can accommodate given the usual structure of schools and there are no
known boarding schools which are wheelchair friendly. For rural children there is also the
whole issue of how to reach school given how far they can be and the complexity of
travelling down rivers; jungle tracks and logging roads when having mobility issues. They
therefore often stay at home without any education or have to move to stay with relatives
in urban areas if there are any available and able. Likewise there are children with learning
difficulties challenged by such difficult rural journeys. It is also highly likely that the school
would reject those with the more noticeable conditions and, even if they were willing,
would not have easy access to the expertise required.
155 Ibid
156 https://dayakdaily.com/more-weird-cases-of-statelessness/
157 https://www.thestar.com.my/news/nation/2019/01/07/minister-at-least-30-cases-of-stateless-children-reported-
every-month-in-sarawak

In terms of meeting the children’s best interest, there is a tension between trying to enroll
them in the limited provision existing, which is mainly in urban areas, or keeping them with
their families and enabling them to grow up within their own community. The journey to
providing appropriate educational opportunities within their own communities will need
commitment, innovative thinking and resources. Part of the solution will be disseminating
knowledge to mainstream schooling to hasten an inclusive system158; providing dialogue
opportunities so teachers, families and pupils feel supported and creating collaborative
systems159.
Pre-Schooling:
The issue of moving away from one’s home for schooling should not arise for preschoolers
although it has been worryingly mooted at a national seminar as a possible option to
ensure all children from far-flung indigenous communities receive this opportunity. Instead
the focus needs to be on providing pre-school in their home environment however distant
and however few children of similar age live there. As already highlighted, in rural areas
many primary schools are already situated far from children’s home and, due to low
enrolment, there has been a move to further centralise them160. Although this is on hold
due to parents’ objections it shows the danger of assuming all communities can be served
by locating pre-schools near primary schools.
Moving children of such a tender age away from their homes would be harmful for their
development. It is not just staying with their parents but also being a part of their
community which is so critical. Community based pre-school also can be bi-lingual161 as
would include the child’s mother tongue, in addition to introducing them to the national
language, and help the children learn important concepts and values within their specific
culture162 and relating it to their daily lives. The community therefore needs to be an
integral part of the pre-school163. When this occurs and their views are respected, the
158 In 2017 the State started in some schools what they called partial inclusive education - meaning children with
disabilities and those without are together in extra-curricular activities but not in academic subjects – as at this stage
they felt teachers were not able to cope with fully inclusive due to the number of pupils in the class and the teacher’s
need for more training. (local informant)
159(i) https://www.moe.gov.my/menumedia/media-cetak/penerbitan/dasar/1207-malaysia-education-blueprint-2013-
2025/file - p118-121 for MOE plans for special education & (ii) https://www.unicef.org/malaysia/reports/childhood-
disability-malaysia - Sarawak and Sabah were 2 of the 4 States involved in this study p98 & 99 gives recommendations
for education.
160 www.theborneopost.com/2020/10/14/manyin-centralised-schools-proposal-shelved-due-to-parents-objections/
161 https://www.sbs.com.au/nitv/article/2017/06/16/why-more-schools-need-teach-bilingual-education-indigenous-
children
162 Romero-Little ,M. E., (2010) How Should Young Indigenous Children Be Prepared for Learning? A Vision of Early
Childhood Education for Indigenous Children, Journal of American Indian Education, Vol. 49, No. 1/2 (2010), pp. 7-
27,University of Minnesota Press https://www.jstor.org/stable/43608587
163 The importance of parent-engagement in under-enrolled schools is already recognized by the MOE as well as
working with the community. See https://www.moe.gov.my/menumedia/media-cetak/penerbitan/dasar/1207-

malaysia-education-blueprint-2013-2025/file p122 Wave 1 section

distrust which is apparent amongst sectors of the indigenous communities towards
national run preschools can be won.
One way is to enable community groups to run their own pre-schools, as is already
happening in some villages, and help them bring children up to the level of skill expected
on entry to primary one. To overcome staffing issues there will need to be a policy of
developing the skills of people from the community and accepting people with the
appropriate aptitude even if they do not yet have the desired paper qualifications. Many
youth in the longhouses and young mothers lack employment opportunities and are skilled
at interacting with children in creative ways. Harnessing them would be a win-win
situation. Such community solutions would also need external funding.
Wherever located, primary one teachers will need the national curriculum to give them
some flexibility so they can accommodate to the range of experiences and different rates
different children learn at so no child is made to feel as if they are already being left behind
when only 7. Schools and pre-schools need to help children grow in confidence, curiosity,
creativity, knowledge and skill including social interaction with each other and the world
around them. For those communities not in the mainstream, such as Sarawak’s large
indigenous community, they need to see their world inside the classroom as well outside
and this also nourishes mutual respect and harmony. Teachers therefore need to be
encouraged and have the skill to relate the curriculum to the environment known to the
children they teach as well as introduce them to the wider world.
Reaching Children Who Have Prematurely Stopped Schooling & Develop Their Life
Chances
It is anticipated that the pandemic will increase the number of children dropping out of
school especially amongst the B40 in both rural and urban areas due to their lack of access
to online learning resulting in them falling behind their more affluent peers. Already
coming from poor backgrounds they will be trying to find employment in economically
strained times making it extra hard for them to break free of poverty.
Pre-pandemic the problem of school drop-out was already recognized in Sarawak though
official figures are hard to come by as data focuses on truancy or overall enrollment rather
than those who do not register in secondary school after leaving primary; those who drop
out later or those who are suspended or expelled and do not return into the education
system.
For those in rural areas, the cost of attending school has been seen as a factor as has the
opportunity for male youth to find manual employment which, while not well paid, can
help the family. Other possible reasons are the difficulty in adapting to the contrasting

culture in a secondary school (especially so for Penan and Punan children164); the lack of
facilities for children with disabilities and early pregnancy although this could also be a
consequence of leaving school prematurely. Between January–April 2020, 97.6% of the 623
new cases of teenage pregnancy were from school drop-outs or children not attending
school with the majority of them unmarried165. While the trend is that the proportion
unmarried is increasing, the overall trend is one of declining numbers with a 32% drop in
teen pregnancy being reported between 2015 and 2019.166
This drop in teen pregnancy has been attributed to the State Government’s One-Stop Teen
Pregnancy Committee, which brings together key agencies to work on this issue
comprehensively and holistically at the divisional and State level under the chairmanship
of the Minister for KWKPK 167. It has initiated action to encourage pregnant teens back into
schooling and explore their options and tries to prevent pregnancies by introducing to
secondary schools the Sexual Education Advocacy Awareness Programme (KAPS)168.
Likewise there have been efforts to discuss this issue with distant communities, through
the Randau Programme, developed by the Social Development Council in the same
Ministry. This pioneering programme has brought together a range of agencies to stay
overnight in selected areas and share information on many social issues including teen
pregnancy but the pandemic has slowed progress. These structured, collaborative,
initiatives have the potential to reach the ground and are promising but it will be
challenging to extend their outreach unless adequate resources are made available post
pandemic. With regards to teen pregnancy there is also a need to run specific programmes
targeting school drop-outs.
On the issue of child marriage, the State is engaging with key stakeholders to encourage
the different bodies to accept 18 as a minimum age. For the native communities this
requires each ethnic group to discuss and agree to change its adat so will take time. There
seems to be an agreement that some change is needed but a concern is over single unwed
mothers, although this already occurs, and the recognition that for some communities
early relationships between youth of similar age has been part of the culture and is only
recently changing as more stay in school169. For the Muslim communities the Syariah
authorities have discussed the issue but are not yet ready to make changes. During the
first 9 months of 2019, Sarawak recorded the highest figures nationally with 83 of the 543
164 Note the Penan and Punan are separate groups and within the Punan there are further differentiated between the
Punan Vuhang & the Punan Bah
165 https://dayakdaily.com/school-dropouts-biggest-contributor-to-teenage-pregnancy
166 Ibid
167 http://www.conference.unimas.my/2017/phs2017/images/download/Topic_4_DrRadziah.pdf
168 https://www.newsarawaktribune.com.my/one-stop-teenage-pregnancy-committee-achieves-kpi/
169 Two articles highlighting some of the situations in Sarawak https://www.scmp.com/week-
asia/people/article/3089845/married-12-mother-13-malaysian-child-brides-story & https://www.scmp.com/week-

asia/people/article/3089845/married-12-mother-13-malaysian-child-brides-story - published in June 2020

applications for child marriage coming from the State and 7 out of the 23 for other faiths,
however as the figures for native customary marriages are not included in national
statistics there may be some underreporting170.
Another social issue linked to school dropout is the use of drugs but again there will be
those attending who use as well as those who prematurely drop-out because of or start
after leaving plus those who lose work due to the drug habit. Sadly the drug problem has
spread to many parts of the State with some dealers targeting teens. The State is in the
process of implementing the one stop committee approach to the drug problem and trying
to bring support and treatment to the community level. The committee, chaired by the
District Officer, brings together key agencies- namely the narcotic division of the police;
the local health clinic/hospital; AADK; the education department (who can assist through
their school counsellors) and the Social Development Council which is part of the Ministry
of Welfare, Community Wellbeing, Women, Family and Childhood Development (KWKPK)
who have been the drivers of this initiative. In addition the State is encouraging the NGO
sector to run community development and intervention centres to provide direct help
tailored to the individual needs of those trying to break their substance abuse addiction.
The first one is underway in Bau. Although it will take time to extend across the state this
dual model shows promise.
For all of the risk groups mentioned above, the development of youth work providing
enjoyable activities for teens at the community level would be a way of reaching out to
them in an engaging and empathetic way and should also be open to those youth attending
school too. Such initiatives would need to be staffed by people who can be good listening
ears and guide those who are troubled in a non-judgmental manner if the programmes are
to be effective ways of supporting young people find their way through the dilemmas teens
commonly face.
Promote Out-Reach Health and Social Care

As noted, going to where clinics are situated is already difficult for large sectors of the rural
community and incurs cost. Even harder is reaching the JKM offices which are only in main
administrative centres. In the early days of Independence, Sarawak was a leader in how its
health care aimed to reach out to rural communities through flying doctor services;
developing a village health promoter scheme and with some medical assistants – then
called dressers – walking from village to village. Budget constraints have undermined the
village health volunteer scheme as sustained training and travel costs are needed: safety
170 https://www.malaymail.com/news/malaysia/2020/12/04/ministry-543-child-marriages-including-applications-in-
malaysia-from-jan-se/1928716


concerns and the extra logging roads have curtailed the flying doctor service and the idea
of medical staff travelling from the clinic to the people has evaporated.
Yet primary care is essential for the development of children and the well-being of those
who care for them. The State Health Department is aware of the need and has long
struggled to reach children but it is frustrating that the extent of the challenges faced in
Sarawak still appears not to be fully grasped when allocating Federal resources. In addition,
at the National level, secondary and tertiary health care has had more attention than
developing primary care and the role domiciliary care plays within that so it is not that
surprising the needs in Sarawak have not been prioritized. Even at tertiary level there is
only one Specialist Hospital based in Kuching for the whole population which is in excess
of 2.8 million. This means children with such complicated conditions as cancer need to
travel vast distances to receive treatment and risk dropping out if there is insufficient
subsidy to cover the costs incurred for them and their accompanying family members.
Therefore improvement in primary care is needed in addition to ensuring that secondary
and tertiary care is on a par with West Malaysia. Also required is a good communication
system between all levels in order to ensure there is an integrated, effective service
operating seamlessly.
When it comes to children with special needs, early identification, treatment and
supportive guidance for parents is crucial. There has been an expansion in this mainly in
urban areas but also some community based rehabilitation projects, under the auspices
mainly of JKM, have reached rural areas but yet to be available across the State. This model,
promoted by WHO as a social rather than clinical model of care, needs to be extended and
strengthened including working collaboratively with health, education and the wider
community so children can be integrated into the wider society, including schools, and
relevant expertise shared171172.
Expand the Child Protection System

The fundamental problem of access to services which can provide sustained support at the
community level runs throughout the child protection system within the State. Even in
urban areas, professionally trained child protection officers are few which has led to what
has been described as a “touch and go” service173 as there are not adequate resources to
171(i)https://www.google.com/search?q=community+based+rehabilitation+cbr+guidelines+who+2010&rlz=1C1RLNS_en
MY759MY759&oq=Community+based+rehabilitation+WHO+&aqs=chrome.3.69i57j0j0i22i30l2j0i390l4.19937j0j7&sour
ceid=chrome&ie=UTF-8 and
(ii) Kenji Kono (2007) Does Community Rehabilitation Really Work:CBR & Participation of Disabled People: Institute
Sosial Malaysia Monograph Series No. 5
172(iii)https://www.unicef.org/malaysia/reports/childhood-disability-malaysia - Sarawak and Sabah were 2 of the 4
States involved in this study p98 & 99 gives recommendations for health; social welfare services and CBR.
173 Women Calling for Change: Sustained Support for Survivors of Abuse: by SWWS https://sarswws.org/resources/
seminars: 2015 – recommendations 2016

give children going through such trauma the prolonged help they; their families and any
alternative carers require.
In the rural area the shortage is more acute and even reporting abuse is problematic with
no JKM office or police to hand.174 Schools and health clinics therefore are key gateways to
help but the staff are often isolated and may lack the knowledge and skill of how to find
help. There is also a concern that individuals intervening from afar may not do so in a way
which would be sensitive to the child’s needs given how removed they are to the child’s
home and, in many instances culture, particularly if the child is deemed to need alternative
care which could mean them moving to a very far, residential establishment run by the
government. This is why it has been suggested that rural clinics become one stop crisis
centres and can share their knowledge with the expertise in town to work out the most
appropriate way to serve the child’s best interests175.
Malaysia has relatively good child care protection laws which give priority to the child’s
best interest and aim to help keep the child in a family rather than in an institutional setting
but this lack of people on the ground to work consistently with children, and those of
significance to them, makes implementation difficult. Generally efforts are made to find
relatives to care for children if others in the family are neglecting or abusing them in other
ways, but giving sustained help is difficult and, if they need to be removed to a children’s
home on a three-year order, distance and administrative systems make it hard to work
with their family to enable a safe return.
Even attending court hearings can be challenging given distance and the need for visiting
magistrates in some parts of the State. This also can affect divorce courts adjudicating on
custody and those dealing with children who have offended. In the former, even when
visiting rights are established in reality they can be hard to enforce given distance and in
the latter, if the child is ordered to be kept by the State, it is difficult to maintain family
involvement during such time and to follow-up after the child is released. For some
longhouse communities adopting practices which engage the community in planning how
to best assist a troubled child, as has been practiced amongst the Maori in New Zealand176,
may be more apt than those only focusing on the immediate family or those which remove
the child from their home base.
Nationally there are moves afoot to review Child Policy including developing a holistic child
protections system. This will need to address the challenges of appropriately reaching
174 Empowering Rural Girls Project Report (2011) by SWWS https://sarswws.org/resources/

175 Empowering Rural Girls Project Report (2011) by SWWS https://sarswws.org/resources
176 Sarawak has close links to NZ and there was a visit where a government delegation heard about the Maori way of
handling youth indiscretions.

children in culturally varied and hard to reach communities and provide apt support.
Collaborative systems across health, JKM, law enforcement, voluntary services and
communities will need to be established and resourced for the objectives to be met and
could build on the existing OSCC concept and SCAN teams currently operating, with varied
degrees of success, in the main urban areas. Such systems should not only be culturally
aware and sensitive but also ensure cultural safety for any child needing to be removed
from their own home so their sense of personal identity is maintained and sense of
belonging is secured177. They should also ensure the child receives all the follow-up
required.
While tertiary intervention will be required, attention is very much needed at the primary
level of prevention, to build both awareness and helpful actions, and secondary level too
where people at high risk of abuse – including those under stress – are given more help.
Within the State there are steps towards building awareness – for instance the training of
teachers by an NGO to run child178 safety classes - but this needs to be extended so it is
systematically and sustainably available and covers other target groups. Also, in terms of
secondary prevention, it would be good to identify in a caring way children who are
showing early signs of abusive behaviour so they can be understood and given appropriate
and effective guidance before their behaviour escalates179. This can cover harmful sexual
behaviour and bullying tendencies remembering that those displaying such worrying
conduct are children and also that they may have learnt such actions from how others have
treated them.
Given the geography of the State, schools are the only agency regularly in touch with
children and, while their resources are limited and skills more geared to academic learning,
there needs to be an expansion in helping children more holistically. This should include
developing life skills, as is being piloted180, as well as giving appropriate support when
problems are apparent both within school and, through developing apt systems such as a
school social work service, to reach children frequently absent or who have dropped out.
While schools should be havens for children, sadly there are incidents of bullying and other
forms of abuse, including sexual, that can occur within the school and, as the State has a
177 Smith, M., Fulcher, L. & Doran, P. (2013) Residential Child Care in Practice: Making a Difference, Policy Press, UK
178 Sarawak Women for Women Society has with both State Government & corporate grants trained primary school
teachers in several areas on how to conduct child personal safety with their pupils. This needs to be extended,
sustained and introduced into teacher training institutes.
179 See work of the Lucy Faithfull Foundation https://www.lucyfaithfull.org.uk/ and publications of Stuart Allardyce and
talks given by Donald Findlater who has visited Malaysia

180 Professor Dr Cecilia Essau, an Iban psychologist from Sarawak working at Roehampton University in the UK has
developed the Super Skills for Life programme to enhance children’s self-confidence, build emotional resilience; cope
with stressful situations and improve their social skills and competence. This is being rolled out in Penang; Sarawak
and Sabah https://www.roehampton.ac.uk/psychology/news/malaysian-youth-learn-professors-super-skills-to-help-
build-their-self-esteem. More details on the programme available on https://www.superskillsforlife.com/copy-of-home

high proportion of boarding schools, it is crucial systems are effectively in place to address
this risk.
The proposal put forward by CRCM for schools nationally to conduct Child Safety
Programmes and train and screen their staff needs to be implemented. In the Sarawak
context this also requires (i) clear avenues to report and gain support for both students and
reporting staff which are operable from isolated places, (ii) a budget which allows the
inspectorate to visit and see how it is being implemented and if more training is required
and (iii) training future teachers through introducing the topic in the qualifying course
within the State as many are then posted to rural areas.
It should be noted that in the National Health and Morbidity Survey 2017 on Adolescent
Health conducted in secondary schools, Sarawak was ranked third for the percentage of
respondents who had attempted suicide in the last year and fifth for those who had
seriously considered it181. While not all who have such thoughts and actions will have been
subject to abuse there can be a connection and, whatever the cause, these statistics
highlights the need for teachers to be aware of signs of distress in their students and for
them to have the necessary support to enable the child to receive the help they need as
early as possible.
Mechanisms To Hear The Diverse Voices Of Children In Policy Formulation

One of the four guiding principles of the CRC is child participation and inclusion in matters
which affect their lives.
Malaysia is still at early days in being able to systematically lift up children’s voices so their
views are heard regarding issues affecting them and how they feel they can be effectively
tackled including in the field of policies. Although some researchers reach out to Sarawak
the nature of their budgets and timelines mean the variety of child experiences across this
vast State is not captured.
More platforms which are user-friendly; accessible and affordable to the more
marginalized children are needed so their realities and insights are clearly heard by policy
makers.
181 http://iku.moh.gov.my/images/IKU/Document/REPORT/NHMS2017/AHSReportNHMS2017.pdf

Recommendations for Enhancing Situation of Children in Sarawak
To ensure No one is Left Behind, concerted action is required to ensure all children in
Sarawak can access services and inequality is reduced as envisioned by the agenda set by
the UN’s Sustainable Development Goals. While the pandemic has created more poverty
it also provides an opportunity to rethink structures and how resources are allocated so
countries Build Back Better. This will include investing in infrastructure – not just physical
and digital – but also developing services reliant on employing more people to help children
and families. Given the economic difficulties the world and nations face, competition for
resources will be intense but it is known that providing employment stimulates the
domestic economy so investing in services which will advance the development of children
makes economic as well as humanistic sense plus locals are more likely to remain in rural
locations and will have a better knowledge of the cultures of the children they serve.
Key Recommendations for Sarawak:

(1) At National Level the contextual challenges within the State should be recognized in
planning across all relevant Federal Ministries so from the outset programmes are
designed, in collaboration with the State, so they can reach all children in need. Such
planning will require:
● Financing that includes ring-fencing budgets needed to meet necessary travel and
training, including for local communities as well as government servants, so this
expenditure is protected as befits a key component in ensuring remote
communities are not left behind.
● Models of delivery that both build on the traditional structures in rural settings,
including the coordination role of village heads and the Resident’s office, and
provide universal, affordable and sustainable access to the internet so new
methods can be implemented. Collaborative teamwork across and within different
sectors is essential to reach all in need.
● Working in an empowering way with local communities, developing their own
human resources and providing opportunities for Sarawak young adults to work
rurally to provide services, needs to be incorporated into the planning. This will also
enhance culturally appropriate services.
(2) Disaggregate data so poverty within specific communities can be accurately mapped;
appropriate action taken and outcome tracked. This will require:-
● Breaking down the varied Bumiputra groups into ethnic categories so the situation
for the varied indigenous groups within the State becomes clearer

● Providing data at sub-district level and capturing additional features of who is poor
e.g. how many are single-parent households: caring for people with disabilities.
● Stating how many children – not just how many households – are living in poverty,
nationally, regionally and at sub-district level.
● Systematically collating and making publicly available, the number of children
dropping out of school before completing Form V. This should give a profile of
students (gender; age; ethnicity; reason; sub-district).
(3) Costs which deter poor families from sending children to school, including
transportation costs, should be eradicated.
(4) Develop pre-school programmes in each community to avoid children of such tender
age travelling away from their villages for such experiences. Train members of the
community so they can provide this early learning in-situ where government run
classes are not feasible.
(5) Children without the appropriate documentation but known to have been living in the
State should be accepted into schools while their status is being clarified. In the rural
Sarawak setting, schools should work with community leaders to help collate the
child’s history and supporting documentation and assist linking the family to JPN so
that once the child reaches the age of requiring an IC card their situation is already
known and being sorted.
(6) To support the work of the reconvened Special Committee on Citizenship, the earlier
task force that goes down to the community level needs to be sufficiently resourced
so all of the State can be covered within a set, short time-frame. National Government
should give consideration to providing an amnesty to those of the older generation
who have never had the required documentation but who have been known to be
living here for decades, so that they and their children and grandchildren born here
are given full citizenship.
(7) Develop user-friendly, engaging, youth activities at the community level which can
help guide them, especially those facing difficulties, during such formative years. Such
provision enables access to youth both in school and those who have dropped out.
(8) Expand primary health and social care so children’s needs are easier to assess and
meet and vulnerable families are given support to sustain their caring function
including those under stress or where poor parenting skills are apparent.

(9) For health clinics or schools to give extra support to families facing difficulty in
providing healthy nutrition to their children and refer them for assistance as
appropriate.
(10) Extend the Community Based Rehabilitation concept for children with special needs
across the State and support them in their work to help the integration of the child
into wider society including school.
(11) Ease access to specialist care for all children by having a specialist hospital to serve the
Northern part of the State: extending out-reach services including tele-medicine;
home visiting of health care workers and employing more allied professionals to serve
and disseminate their knowledge. Also to provide better systems of financial aid to
those who find they need expensive treatment and/or face unaffordable costs to
accompany their children during consultations and treatment.
(12) Enable rural clinics to become part of the one-stop crisis centre system for reporting
abuse to children and supporting them while other services respond. This will require
access to mentors in the main hospitals and establishing effective SCAN teams at
district level. All involved will need appropriate training, ideally inter-agency to
strengthen team work, and it should be held regularly to learn from experience,
deepen knowledge and accommodate to the frequent changes of staff personnel due
to transfer.
(13) Ensure all divisions have adequately trained child protection offices and sufficient staff
to provide sustained help to abused children, at their community level, until their long-
term care needs have been satisfactorilly met. This will also require training care staff
in children’s homes and reviewing systems so the child’s links to significant others, and
factors which help the child maintain their personal sense of identity, are sustained
should the child need to be removed from their home community.
(14) Pilot a project to help identify and empathetically help children showing tendencies
towards abusive behaviour so that they can be appropriately helped in a non-
stigmatising way early.
(15) Develop mechanisms so children from the plethora of backgrounds in Sarawak can
have a platform to express their concerns and ideas on how to improve and not
assume that one group of children located in one setting can capture other children’s
realities.

(16) Ensure that the Child Commissioner’s office is resourced so the holder can be
conversant with issues within Sarawak and Sabah and track the progress on the above
recommendation.
Prepared by:
Sarawak Women for Women Society

Valued, Treated and Respected Fairly: Challenges
Faced in Sabah and Sarawak
Situation of Children in Sabah
Current Context
Sabah has a population of 3.83182 million and 1.1 million183 are children. This state has the
highest number of children in Malaysia after Selangor.184 Sabah is the poorest state in the
country, with 19.5 percent living below the poverty line.185 Sabah is ethnically diverse with
35 ethnics and 236 sub-ethnics with the largest ethnics being the Kadazan-Dusun, Bajau
and Murut. Other ethnic groups in Sabah include the Brunei Malays, Suluk and other
indigenous groups alongside other ethnic groups from Indonesia, Philippines and Brunei.
According to the statistics department in 2010, Sabah’s ethnic structure is made up of
55.54% Bumiputera, 9.22% Chinese, 5.74% Malay, 0.23% Indian, 1.51% Others and 27.75%
Non-Citizens. This is shown in Table 1.
Table 1 : Percentage and Number of Population According to Ethnic Groups in Sabah
No. Ethnic Group Percentage Population Total
1 Kadazan-Dusun 17.73% 568,575
2 Bajau 14.04% 450,279
3 Chinese 9.22% 295,674
4 Malay 5.74% 184,197
5 Murut 3.19% 102,393
182
Prime Minister’s Department, Department of Statistics Malaysia. Current Population Estimates, Malaysia, 2021.
183
Department of Statistics Malaysia. Children Statistics Malaysia 2020.
184
Prime Minister’s Department, Department of Statistics Malaysia. Current Population Estimates, Malaysia, 2021.
185
(2020). Sabah, Kelantan terus catat kadar kemiskinan tertinggi. Malaysia Kini.

6 Indian 0.23% 7,453
7 Other Bumiputera : 20.58% 659,865

Rungus, Iranun, Bisaya,
Tatana, Lundayeh, Tindal,
Tobilung, Kimaragang,
Suluk, Ubian, Tagal,
Timogun, Nabay,
Kedayan, Sungai,
Makiang, Minokok,
Mangka’ak, Lobu, Bonggi,
Tidong Ida’an, Begahak,
Kagayan, Talantang,
Tinagas, Banjar, Gana,
Kuijau, Tombonuo,
Dumpas, Peluan, Baukan,
Sino, Bugis, Jawa
8 Others 1.51% 48,527
9 Non-Citizens 27.75% 889,779
Total 3,206,742
Source: Statistics Department of Malaysia, 2010
Sabah is also the second largest state in Malaysia after the state of Sarawak and has many
indigenous people living in the rural areas. Rural areas in Sabah lack the infrastructure and
public amenities which disadvantages rural communities in the access to healthcare, public
service, education, among others.186 Cost of living is also high with properties in Sabah said
to cost third highest in Malaysia while the range of salary in Sabah is low.
Overview Of Children In Sabah

According to a press release on in 2020 by the Department of Statistics (DoS), there are
1,150,200 children under 18 years old living in Sabah187. However the precise number of
non-citizen children in Sabah is unknown, with estimates being hundreds of thousands, and
the majority of those who are non-citizens are from Filipino and Indonesian descent. The
186 Lo, J (2019). 8 reasons why Sabah is lagging behind economically. Daily Express.
187 Press Release on 24 November 2020 from the Department Of Statistics (DoS)

issues surrounding children in Sabah are access to basic human rights, from education to
access to health care, from rights to identity to poverty.
Children from indigenous communities living in rural areas are challenged in terms of
access to education and healthcare. Sabah State Minister of Education and Innovation in
2020 said that out of 1,296 schools in Sabah, 589 were in the category of dilapidated
schools, of which 91 were classified as dilapidated at Scale 7 which are schools that were
unsafe to occupy188 with the majority of the dilapidated schools are located in rural areas.
The infrastructure of a school is crucial to providing a wholesome and safe learning
environment. Having to study in dilapidated schools is equivalent to asking children as
young as 7 years old to put themselves at risk just to obtain a basic education. In terms of
healthcare, rural residents may lack access to transportation and some even need to cross
borders, and may require driving through muddy, uneven roads and paying for an
expensive and time-consuming boat ride.
Furthermore, children from mixed marriages and those who are born out of wedlock risk
being stateless189. There are also many children whose parents lack proper registration and
identification, have died, or citizenship cannot be traced due to many factors such as
distance, loss of documents, lack of access and lack of awareness. This has made birth
registration and even access to health and education a huge challenge for children in
Sabah.
Stateless, Migrant And Undocumented Children

One of the most crucial issues facing the children in Sabah are the stateless, migrant and
undocumented children. Non-citizen communities make up one third of the population190
and are severely lacking in the access to even basic rights, such as healthcare and education
because of the lack of documentation for these children. Many of the parents of stateless,
migrant and undocumented children are working in 3D191 (dangerous, dehumanising and
demeaning) jobs and many are in a situation of poverty. Poverty and the lack of rights due
to their situations without citizenship puts these children in very precarious and vulnerable
positions and are easy targets of syndicates and crime.
By not having a citizenship in Malaysia or any other country, stateless and undocumented
children would not have easy and affordable access to formal education, healthcare or
other public services. Due to this, many undocumented or stateless children are unable to
attend school and receive basic healthcare. Those who want to access education or
188 Chan, N. (2020). 589 dilapidated schools in Sabah are unsafe. Daily Express.
189 Baltazar, Abubakar & Wan Hassan, 2019. “Children at-risk of statelessness in Sabah and constraints to citizenship.”
Human Rights and Peace in Southeast Asia Series 7 : Relighting the Torch. SEAHRN.
190 Daily Express. (2018). Foreigners make up one-third.
191 Ibid.

healthcare would need to go to private schools or ALCs and private clinics, and this would
cost very high for the majority of them whose parents are working in menial, daily paid,
low-paying jobs. Insufficient financial capacity and poverty of many stateless or
undocumented families has left them in the situation where children are not educated or
not sent to healthcare facilities when they are sick. The high cost or childbirth for non-
citizens in hospitals has also pushed mothers to resort to home births192 and risk increasing
child or maternal mortality in childbirth. For children whose families cannot afford or
access Alternative Learning Centres, they assist their families in earning some income
through working in restaurants, selling contraband cigarettes or plastic bags, or some of
them can be seen loitering around the streets or begging.
Since non-citizen children are not able to access government education, gaps have been
filled in by those concerned about the welfare of the children. ALCs or Community Learning
Centres (CLC) has been set up throughout Sabah by NGOs, faith-based groups, individuals
and communities to provide education for the children. These learning centres mostly
focus on basic education such as the 3Ms which are membaca - reading, menulis - writing
and mengira - counting and some use a more simplified Malaysian education syllabus,
Indonesian syllabus or Philippine syllabus.
For Indonesians in Sabah, an Indonesian school or Sekolah Indonesia Kota Kinabalu (SIKK)
and several satellite schools has been set up by the Indonesian government and has
provided a more formal education and a secondary level for Indonesian children. The set-
up of these schools is the result of the Annual Consultations meeting in 2006 between the
then Indonesian President Soesilo Bambang Yudhoyono and the then Prime Minister of
Malaysia Abdullah Ahmad Badawi to establish SIKK. Indonesian children who enrol into
SIKK who are not documented are given assistance to apply for their Indonesian birth
certificates.
It is observed that there are more challenges for ALCs or CLCs that are not registered under
the Indonesian consulate or in plantations, such as the ALCs for children of Filipino or Sama
Dilaut descent compared to the Indonesian based ALCs. An ALC shared that there are
centres being closed down and such was also documented by Brunt193. Some also received
summonses by the Malaysian Ministry of Education (MOE) for not complying with the
MOE’s standards, such as not having qualified teachers or adequate teaching facilities194.
This is a problem for most of the ALCs which are struggling with sustainability of finance to
192 Burki, T. (2017). Life in limbo for millions of stateless people worldwide. The Lancet.
193 Brunt, Helen (2013). ‘Stateless Stakeholders: Seen But Not Heard?’ The Case of the Sama Dilaut in Sabah, Malaysia.
Sussex: University of Sussex.
194 Baltazar, Abubakar and Wan Hassan, 2019. “Children at-risk of statelessness in Sabah and constraints to citizenship.”
Human Rights and Peace in Southeast Asia Series 7 : Relighting the Torch. SEAHRN.

run the centres. ALCs mostly depend on the monthly fees and donations, but it is very
common among the ALCs that the children are not able to pay regularly.
However, other than ALCs and CLCs, there does not seem to be much effort in assisting the
children to address other issues such as healthcare and acquiring legal identification
documentation. Learning centres try their best to provide other assistance such as working
with the Ministry of Health to provide vaccination for the children and some assist the
children to apply for their legal identification documents.
Critical Gaps Facing Children in Sabah
Children In Poverty
(1) Sabah as poorest state in Malaysia

Children's poverty is defined as a situation in which the children live in a household with a
family income of less than one dollar per day.195 Children born in underprivilage community
such as indigenous children, low income families, irregular immigrants or undocumented
parents, are more likely to face poverty in Sabah. Children from poor households face
multiple challenges at school and home, limiting their educational opportunities. Despite
receiving 95% of Sabah's oil revenue worth tens of billions of ringgit per year, the state
lacks public amenities, given the fact that Sabah is one of Malaysia's poorest state, with
the poorest districts in the country: Tongod, Pitas, and Kota Marudu.196 According to the
Department of Statistics, 12.5 percent of Sabah's urban households are poor, while 31.1
percent of rural families are poor. This excludes those who earn more than the new poverty
line of RM2,208 per month but fall below it seasonally, as well as those affected by COVID-
19.197 In Kota Marudu, the infrastructure aspect in the area is still poor and needs attention
as the villagers need to go through hills, wilderness, crossing creeks and gravel roads as
well as muddy red soil for 3 hours to reach the small town of Kota Marudu.198 As the
poorest state, public schools, particularly in rural areas, are in poor condition and
dilapidated. Some children have difficulties going to school as the distance from their
village and school are miles away without paved roads.
195 Begum, S. S., Deng, Q., & Gustafsson, B. (2012). Economic growth and child poverty reduction in Bangladesh and
China. Journal of Asian Economics, 23(1), 73–85. doi:10.1016/j.asieco.2011.10.001
196 Abdullah, I. (2020). Tongod, Pitas, Kota Marudu termiskin di Malaysia. BH Online.
197 Welsh, B. (2020). Poverty Sabah’s most pressing woe. The Vibes.com.
198 Hassan, A. (2020). PRN Sabah : Jalan daif, derita penduduk Sungai Magandai perlu diatasi segera. Astro Awani.

(2) Poverty as cause to child marriage
Research shows that children from poor households are more likely to marry at a young
age than children from wealthy households.199 Sabah has reported 63 occurrences of child
marriage from January to September 2020, despite the fact that the figure is only two
digits, proving the presence of child marriage in Sabah.200 In comparison to its urban
counterparts, young girls in rural areas are more likely to marry young. Rural areas are
often underdeveloped, with limited access to education and economic opportunities, and
cultural norms and traditions are more prevalent. Child marriage has been normalised in
indigenous communities201 because there is no age limit for marriage under customary
laws for non-Muslim indigenous people. Marriage is often used as a way to “avoid shame”
for unmarried mothers, while for those who are Muslim, marriage is said to better than
young couples “falling into sin” of sex outside of marriage. Children from poor families or
lack documentation are more vulnerable to violence, abuse, and trafficking. Thus, marriage
has been seen as a way for parents to make sure their children are provided for and as a
form of protection for their children.
(3) Food insecurity

Poverty also is the primary cause of food insecurity where families are often forced to make
difficult decisions that result in insufficient food supplies. Food insecurity refers to a
situation where an individual does not have adequate access to the resources needed for
a nutritious diet.202 For instance, because they cannot afford formula milk, many mothers
choose to feed their children condensed milk or tea. Based on observation, food security
has become a great challenge during COVID-19 pandemic as most parents cannot go out
for work during the lockdown, with some children having no proper meals and only relying
on food aid from NGOs or government agencies and has caused more children to go hungry
for long periods of time.203 Since they lack financial resources to provide adequate food,
some families simply eat whatever is available. For some children, school closure means
the loss of at least one nutritious meal, students in fully residential schools and those who
rely on school feeding programmes such as the free meals programme. This adds to the
strain on already-struggling families who are already dealing with job losses and financial
uncertainty.
199 Awal & Samuri (2018). Child Marriage in Malaysia. Working Paper for UNICEF.
200 Lim, I. (2020). Ministry: 543 child marriages, including applications, in Malaysia from Jan-Sept 2020. Malay Mail.
201 Roslan, S. (2020). Perkahwinan Bawah Umur, Pilihan di Tangan Siapa? Borneo Today.
202 (2015). The State of Food Insecurity in the World. Food and Agriculture Organization of the United Nations (FAO)
203 Baltazar & Cheong (2021). Reaching Stateless, Undocumented and Migrant Communities during the COVID-19
Pandemic. Statelessness and Citizenship Review. Lessons from the Grassroots Humanitarian Effort in Sabah, Malaysia.

Health Care Issues
(1) Access to public hospital
In terms of health care, more than a third of the population in rural Sabah still live more
than 5 kilometres from any kind of health facility204 and the average time to reach a hospital
for rural residents was 30.65 minutes compared to 16.71 minutes for urban residents.205
Besides that, sometimes families with seriously ill children seeking treatment or follow-up
treatment are required to refer to the nearest public hospital at a different district to cater
to their medical needs due to lack of specialists and medical equipment. The majority of
health facilities in rural areas are only stocked with basic medical supplies and frequently
lack large equipment such as x-ray machines, lab testing facilities, and so on.
The Ministry of Health has been deploying healthcare workers to rural hospitals however,
there remains a lack in the supply of specialists.206 In the end, children do not receive
proper treatment because it is very expensive to receive treatment when their family must
pay for hospital bills as well as transportation costs. To save money, families will turn to
traditional remedies.
(2) Financial barrier and lack of documentation

There are a huge number of children who encounter difficulties in acquiring excellent
health care and children who are not Malaysian citizens are at a significant disadvantage.
In January 2016, when the Fees Act (Medical) 1951 was amended, all non-citizens patients
were charged between 24 and 100 times more than citizens to get treatment in public
hospitals.207 This creates barriers for children without proper documentation to get
treatment at a public hospital, this situation also applies to children who are born from
mixed marriages (Malaysian marriage with non-citizen) without a legal document to prove
their relation to Malaysian parents. Pregnant women without proper legal identification
documents, such as valid passports and work permits, have a difficult time receiving proper
maternal care during pregnancy and delivery. As a result, they seek traditional medicine
and opt for a home birth, which can be fatal to both infants and mothers in some cases. In
short, non-citizens avoid accessing healthcare in public facilities due to financial barriers
and a lack of legal documentation.
(3) Polio outbreak

On December 8th, 2020, a new case of polio was reported in Sabah, 27 years after the last
case. Acute Flaccid Paralysis struck a three-month-old child in Tuaran district, an eight-
204 Yeo, A. (2021). Vaccination challenges in rural Sabah, Sarawak. The Sun Daily.
205 Ministry of Health. (2015). National Health And Morbidity Survey 2015 Volume III Healthcare Demand and Out-of-
Pocket Health Expenditure.
206 Wiki Impact. (2020). Universal Healthcare for all in Sabah.
207 : Loganathan, Rui, Ng, & Pocock. (2019). Breaking down the barriers: Understanding migrant workers’ access to
healthcare in Malaysia.

year-old child in Sandakan district, and an eleven-year-old child in Kinabatangan district
(AFP). A healthy child in the Semporna district was also found to be infected with the virus
through targeted healthy child sampling. Meanwhile, the virus was found in five
environmental samples in Semporna and Kota Kinabalu.208 According to the World Health
Organization, it’s a rare strain of poliovirus called circulating vaccine-derived polio (cVDPV)
Type 1 and emerges when a population is severely under-immunicated. The ongoing
poliovirus circulation in the southern Philippines is genetically linked to the Sabah polio
case. Home Ministry reported, there are about 500,000 undocumented people in Sabah,
and 95 percent of their children have not been immunised.209 The low rate of vaccination
of non-citizen children was a consequence of the expensive vaccination fees of non-citizens
and the fear of being arrested in government facilities if they are present without legal
identification documents.
Situation Of Children In Sabah During The Covid-19 Pandemic

With the current challenging situation caused by the COVID-19 pandemic, the Malaysian
government has responded by declaring the Movement Control Order (MCO). This step
was taken to break the COVID-19 infection chain and reduce the risk of more infections
among the general public. According to research by the Department of Statistics, 52.6
percent of Malaysians are affected by MCO, particularly those who work as freelancers or
on a contract basis.210 The MCO effects also directly contribute to children's poverty as
many families have been hit by life difficulties as a result of parents or guardians losing
their jobs or working fewer hours. Government assistance was found to be very helpful,
but it was not enough to offset the long-term economic impact of the lockdown and the
global recession. When a family's income is impacted, it harms the development, welfare,
education, and nutrition of their children.
At the same time, MCO is also against the norm of children who enjoy playing, having fun
outside, going to school, and exploring new activities with their friends. Even though the
rate of transmission among children is low, this does not mean that they are immune to
stress. According to the National Health and Morbidity Survey (NHMS), nearly half a million
children have mental health issues in 2019. When the COVID-19 pandemic striked the
country in early 2020, the situation was expected to worsen, as it affects children's
wellbeing. Throughout the implementation of MCO, children have been ‘trapped’ in
situations of limited movement for a relatively long period. This scenario is also known as
Cabin Fever211.
208 Code Blue (2020). Polio Vaccination Halted In Sabah Areas With High Covid-19 Cases.
209 Lum, D. (2020). The shocking return of polio to Malaysia after 27 years.
210 Saari, Ismail & Anuar. (2021). Implikasi Covid-19 terhadap Kemiskinan Kanak-Kanak. Universiti Malaysia Kelantan.
211 Cabin fever describes the psychological symptoms that people may experience when they are unable to leave their
home and engage in social interaction.

Children have to adapt to the new normal and Sabah State Education Department has
taken additional initiatives by enforcing Pengajaran dan Pembelajaran di Rumah (PDPR)
and project-based learning (PBP) as an effort to ensure the children are still able to learn
from home. Despite that, 52 percent of Sabah students do not have internet access and
cellphones, PCs, or other mobile devices to ensure the online sessions function
effectively.212 It has been found that many children are showing signs of rejection of online
learning. During online exams, children are quite depressed when they realize their level
of understanding of learning is different from learning in physical class which can directly
affect their motivation to study. The new learning style also triggered financial issues and
caused an inner dilemma where families need to cut costs in other expenses to buy internet
data so their children can undergo online learning and doing assignments. In Semporna,
children who lived in a plantation had to take three to four days to submit their homework.
This scenario happens due to the limitations of technological facilities such as computers,
smartphones, or other mobile devices that give access for students attending online class
and lack of efficient internet access.213
Government’s Efforts Towards Issues Of Children In Sabah
Child marriage
The state government of Sabah has embarked on a difficult but necessary journey to
address the issue of child marriage. YB Jannie Lasimbang who was then the Assistant Law
and Natives Minister played a strong role to end child marriage through the native courts.
Her ministry had begun several efforts with stakeholders to develop a state action plan to
enforce the minimum age for marriage through legal reforms at 18 years old.214 In 2019,
Sabah state government agreed to set the minimum marriage age at 18 and the moves to
amend laws were underway.
Education
Jaringan PRIHATIN Program is a Malaysian government initiative and one of
#Belanjawan2021's missions to assist people affected by the pandemic. B40 group
members who are eligible for Bantuan Prihatin Rakyat (BPN) can get monthly data plans or
smartphone subsidies worth RM180 (data plans) and RM300 (smartphone).215 This
program aims to help lower-income families with digital access in the form of smartphone
and data connectivity.216 As a result, it will help families to reduce the cost of monthly data
plans or get a new smartphone that is more compatible to install applications like Google
212 (2020). 52 peratus Pelajar Sabah tiada Akses Internet. BH Online.

213 Bernama. (2020). Guru luar bandar, pedalaman berdepan cabaran PdPc dalam talian. Sinar Harian.
214 UNICEF (2019). Sabah state government acts to end child marriage. Press release UNICEF Malaysia.
215 2021. Tarikh akhir pendaftaran Program Jaringan Prihatin dilanjutkan sehingga 31 Ogos 2021. Siaran Media Portal
Rasmi Kementerian Kewangan Malaysia.

216 Ng, S, I. (2021). More support needed for B40 families in online learning. New Straits Times.

Meet or Google Classroom so children can join PDPR. The Ministry of Education also took
initiatives to launch special education programmes via DidikTV aired on Media Prima's ntv7
channel and can be viewed via channel 107 on both MYTV and Unifi TV, and channel 147
on Astro from 7 am to midnight daily.217 The special education programme has already
received good feedback from children from rural Sabah as reported in the local newspaper.
218
Besides that, the Sabah Chief Minister on 06 June has announced that the Sabah State
Government will distribute 10,000 laptops through Bantuan Ihsan Komputer (BAIK) to
Form 5 and 6 students from 19 July to 18 This October.219
Health
The Ministry of Health (MOH) emphasised that immunisation is the most effective way to
prevent polio. To control the spread of polio, the Malaysian Ministry of Health received 2.5
million doses of monovalent oral polio vaccine type 2 (mOPV2) from the World Health
Organization (WHO) and managed by the United Nations Children's Emergency Fund
(UNICEF) to be distributed to over 1 million children under the age of 13 in Sabah.220 The
vaccination is inclusive for all children regardless of the status of legal documentation.
Mobile teams were established to conduct vaccination campaigns at government clinics,
community halls, business centres, religious sites, and other locations.
Recommendations for Enhancing Children’s Situation in Sabah
As a State party to Convention on the Rights of the Child (CRC) and 2030 Agenda for
Sustainable Development Goals (SDG), therefore Malaysia is obligated to take action on
issues concerning children.
(1) Vaccination for all children.

Increased vaccination efforts for indigenous children who live far from clinics or
hospitals, as well as non-citizen children, and children should be vaccinated for free.
(2) Establish fundamental health rights for all.

Beginning with maternal and antenatal care, and vaccination and healthcare for
children up to the age of five, and treatment for communicable diseases.
(3) Right to Legal Identity for all children.
217 Arif & Krishnan. (2021). DidikTV gets the thumbs up from parents. New Straits Times.
218 Geraldine & Abdullah. (2021).Parents laud government's DidikTV KPM effort. New Straits Times.
219 Bernama. (2021). Sabah agih 10,000 komputer riba kepada pelajar kurang mampu. Sinar Harian.
220 UNICEF (2020). 2.5 Million doses of polio vaccines deployed to stamp out polio in Sabah. Joint statement by the
Ministry of Health Malaysia, WHO and UNICEF.

All children should have legal identification documents to enable them to access
basic rights such as healthcare and education, and to ensure that no child should end
up stateless. As stated in SDG 16.9 - provide legal identity for all including free birth
registrations.
(4) Access to Education for children in rural areas

Sets up school vans for rural schools for children living far from school. There have
also been projects by Good Shepherd Services where a community van is set up to
send children to school with subsidised school van fees.221
Open more dormitories with good infrastructure in rural schools so families can keep
travel costs down.
(5) Education for all

Government of Malaysia to recognize and support alternative learning centre who
are providing education to undocumented and stateless children.
(6) End child marriage

Stop the practice of child marriage and undertake necessary legislative amendments
to that effect by raising the minimum age of marriage to 18 years old to protect the
best interest of the children.
Provide support services that are tailored for children, especially young girls, and
which are sensitive to their specific needs with a focus on empowering the victim and
giving the child the ability to make an informed decision.222 To address child
marriages in Sabah, more options should be provided to young out-of-wedlock
mothers.
Prepared by:
Advocates for Non-Discrimination and Access to Knowledge

(ANAK)
221 Tan, S, L. (2019). Van komuniti titi impian ke sekolah. Astro Awani.
222 SUHAKAM Annual Report 2018

Valued, Treated and Respected Fairly: Best
Interests of Non-Citizen Children
Stateless Children and the Malaysian Legal Framework
Current Context
The United Nations Children's Fund (UNICEF) says that 'stateless children, through no fault
of their own, inherit circumstances that limit their potential,' and added that 'they are born,
live and, unless they can resolve their situation, die as almost invisible people223.
Under the 1954 Convention Relating to the Status of Stateless Person, a stateless person is
defined as a person who is not considered as a national by any State under the operation
of its laws. Persons who have legitimate claims to citizenship, but who cannot prove their
citizenship (e.g., through official identity documentation such as birth records), or whose
governments refuse to give effect to their nationality, are also considered to be
stateless224. Children who are not registered at birth and who remain undocumented are
generally not recognized as formal citizens of a nation and are typically described as
stateless225.
The Chairperson of the UN Committee on the Rights of the Child has acknowledged
Malaysia as one of the countries which have shown significant reduction in the number of
stateless persons in their territories, attributing this to the positive impact of UNHCR’s
#Ibelong Campaign226. According to UNHCR, the initiatives of a local NGO—the
Development of Human Resources in Rural Areas (DHRRA)—has helped reduce the
estimated number of stateless persons in Malaysia from 40,000 in 2009, to 12,368 persons
as of September 2017227. Nonetheless, obstacles as fundamental as getting official
recognition of the existence of stateless persons and the related complexity in mapping
their presence especially in East Malaysia, remain the delicate challenges for actions to
prevent and resolve statelessness in Malaysia228.
223 Status Report On Child Rights In Malaysia 2019

224 Convention Relating to the Status of Stateless Persons, 2014)
225 Yusoff, R. C. S., Afandi, N. H. M. B., Hashim, N. M., & Hak, N. A. (2019). Protecting the Children’s Right to Nationality
in Malaysia: An Appraisal. International Journal of Academic Research Business and Social Sciences, 9(6), 358–368.
226 Institute on Statelessness and Inclusion, The World’s Stateless CHILDREN, Wolf Legal Publishers 2017, p 138
227UNHCR, ‘Ending Statelessness in Malaysia’, http://www.unhcr.org/en-my/ending-statelessness-inmalaysia.html
228 ibid

Except for the group of stateless persons of Indian origin, whose statelessness and lack of
(identity) documentation was recently pointed out in the Malaysian Indian Blueprint issued
by the Government229, other diverse categories of persons affected by statelessness, or
rather at risk of statelessness are by and large perceived as irregular migrants and/or non-
citizens230. These categories include undocumented stateless refugees, asylum seekers and
their children, people of undetermined nationality in the context of mixed migration and
the maritime community of Sama Dilaut or Bajau Laut in Sabah, together with innocent
children denied citizenship by operation of law due to being born outside of wedlock231
this is despite having a strong Jus Soli safeguard against statelessness for children born on
its territory232.
According to a parliamentary written reply by former Home Minister, Datuk Seri Dr Ahmad
Zahid Hamidi, between 2012 and January 2017, 15, 394 children born in Malaysia were
denied citizenship even though their fathers are Malaysian Citizens233. This means that
every day, there are 8 children born without citizenship234. In November 2016, the former
Home Minister revealed that there were 290, 437 stateless children in Malaysia who are
below the age of 18235. The Parliament Hansard dated 18 July 2019 recorded as well that
the Ministry of Home Affairs had a total of 54,222 citizenship applications that were still
under process and yet to be cleared (Parliament of Malaysia (2019))236.
One Year Window For Stateless Individuals to apply for citizenship with the National
Registration Department (JPN)
In a statement, Saravanan M Sinapan, the president of Development of Human Resources
for Rural Areas, Malaysia (DHRRA) lauds the Home Ministry’s decision to grant stateless
individuals a one year window period to apply for citizenship, as shared by Home Minister
Hamzah Zainudin in Parliament during the committee stage of Budget 2021 on Dec 14237.
However, DHRRA’s community-based intervention, thus far, revealed additional challenges

that prevent the stateless and undocumented communities from proceeding with their
citizenship applications238. In addition to language barrier and literacy challenges, which
hamper their understanding of the overall application procedures and prevent them from
229https://www.thestar.com.my/news/nation/2017/04/23/najib-launches-10-yearblueprint-for-indian community/
230 https://files.institutesi.org/WP2017_09.pdf
231 ibid
232 Section 1(e) of the 2nd Schedule of the Federal Constitution (to be read with Article 14(1)(b) of the Federal
Constitution) stipulates “every person born within the Federation who is not a citizen of any other country is a citizen of
Malaysia by operation of law”. Not only the mode of conferral of nationality prescribed is ex lege or automatic, the
safeguard is also subject to no further requirement under the law
233 Ching, Malaysiakini, 2017
234 ibid
235 ibid
236 Status Report on Child Rights in Malaysia, 2019
237 https://www.malaysiakini.com/letters/555350
238 ibid

performing well during the language interview conducted by JPN, stateless people also face
problems in providing supporting documents to substantiate their applications. These
range from missing or damaged proof of birth to inconsistencies in their birth details and
typos in their birth certificates239.
The stateless community also face challenges due to JPN procedures and requirements,
including the existing SOP which requires the presence of two witnesses, at least 15 years
older than the subject, to initiate late birth registration. Securing such witnesses becomes
a challenge for the pre-independence stateless population240.
DHRRA is also concerned about the growing number of stateless children in the country,
numbers of which was observed to be higher now compared to pre-Independence
stateless population. These are attributable to several factors, including the gender
inequality provision in the national law and the ambiguities and challenges faced during
citizenship application of foundlings as well as adopted children241.
Despite possessing and submitting the required supporting documents to JPN, many still
are not deemed entitled to acquire citizenship status. Some of them had to reapply three
to four times over a period of several years to be finally recognised as Malaysian citizens.
Therefore, not possessing proper documentation and evidence to register, as highlighted
by Home Minister Hamzah, are not the only factors that prevent stateless people from
acquiring citizenship242.
Stateless Communities In Sabah And Sarawak- Documents without rights

There are many challenges that the stateless communities of Sabah and Sarawak continue
to face for even those that do possess identity documents are in a precarious position. The
range of documents include the IMM13 cards, and others such as a ‘census certificate’243.
The IMM13 as claimed by some politicians is the only legitimate document that allows
residence and employment to card holders244. The census certificates and others are
considered invalid travel documents conferring no immigration status on the holder245.
Plans were afoot to replace the range of identity documents namely the IMM13, the
‘Burung-burung’ cards and census certificates with a standard identity document, the
Sabah Temporary Pass or PSS246. Issuing this document acknowledges that many
undocumented and stateless individuals have been living in and contributing to Malaysia’s
239 ibid
240 ibid
241 ibid
242 Supra 15
243 https://www.thetornidentity.org/2020/12/18/update-stateless-sabah-and-sarawak/
244 ibid
245 ibid
246 ibid

economy for generations247. This plan was however abandoned leading to yet more
uncertainty248.
Critical Gaps in Stateless Issues in Malaysia
The National Registration Department of Malaysia, (NRD) practice of arbitrarily

determining the nationality of individual by registering them as 'non-citizen' (bukan
warganegara) or 'undetermined' (belum ditentukan) on their birth certificate has resulted
in many stateless individuals in Malaysia249. The most common reasons for statelessness
among children in Malaysia are failure to register marriages and birth of children,
abandoned children or foundling, adopted children, children of refugees and
undocumented migrants250.
Failure to register marriages

According to Malaysian law, only legally married parents can be listed as spouses on their
child‘s birth certificate. This condition becomes the only way to prove the father‘s identity
and for the child to receive Malaysian citizenship. Legal and valid marriage certificates are
the deciding factor on whether a child is entitled to Malaysian citizenship251. If there is no
legal marriage certificate, then the Malaysian government considers the child to be the
same nationality as the mother252. Section 17 of Part III of Second Schedule of the Federal
Constitution, states that an illegitimate child would follow the mother‘s nationality253.
However this does not solve the problem as the foreign mother has to register her child at
her country‘s embassy or consulate to confirm its nationality or the child will be at risk of
becoming stateless254. Problems arise if a couple divorces and the child‘s foreign mother
returns to her country of origin. In such cases, the child‘s parentage cannot be proven
without a valid marriage certificate, thus, leaving the child to be unable to live with the
mother or to be granted Malaysian citizenship255.
Unregistered birth
Under the Births and Death Registration Act 1957 a child is to be registered regardless of
whether they are legitimate, illegitimate or of an unknown status. The Act applies to all
247 ibid
248 ibid
249 Status Report on Child Rights in Malaysia, 2019
250 ibid
251 Yusoff, R. C. S., Afandi, N. H. M. B., Hashim, N. M., & Hak, N. A. (2019). Protecting the Children’s Right to Nationality
in Malaysia: An Appraisal. International Journal of Academic Research Business and Social Sciences, 9(6), 358–368.
252 ibid
253 ibid
254 ibid
255 ibid

children born in Malaysia whether the child is born alive or not (still birth) (Section 2). The
law requires that either the father or the mother of the child provide particulars of the
birth256. In the absence of both, the requirement to give such information lies on the
occupier of the house who has knowledge of the birth of the child or any person present
at birth or any person having charge of the child is qualified to give such information
(Section 7(2)). In practice, a child‘s birth should be registered within 14 days after his
birth257. Delayed registration would fall within the ambit of 15 to 42 days of the child‘s birth
and after 43 days it would be considered late registration of birth. Problems arise when
their parents ‘marriages are not registered258. It has been highlighted in the case of Ong
Boon Hua @ Chin Peng & Anor v. Menteri Hal Ehwal Dalam Negeri, Malaysia [2008] 3 MLJ
625 that the onus is on the appellant to prove that he is a Malaysian citizen by producing
his birth certificate.
Adopted Children
In Malaysia, there exist two parallel systems governing adoption of Muslim and non-
Muslim children. The non-Muslim children are governed by the civil statute, i.e. the
Adoption Act 1952 while the Muslims are governed by the Registration of Adoptions Act
1952 and Syariah laws. In discussing the issue of citizenship among adopted children the
Adoption Act 1952 does not address the citizenship of adopted children. The Adoption Act
1952 is not competent as a legal instrument to confer citizenship status to an adopted child
under Article 14(1)(b) read with section (1) (a), Part II, Schedule of Federal Constitution. As
a result the nationality of adopted children in Malaysia has been determined by the
National Registration Department (JPN) in the exercise of its administrative function of
registering orders granted by the Malaysian courts. By refusing citizenship to many
adopted children, JPN forced aggrieved parents to subsequently apply to the Minister of
Home Affairs to obtain citizenship for their adopted child- whether to grant citizenship is
at the sole discretion of the Minister and beyond judicial review259. The plight of adopted
parents in struggling for their adopted child‘s citizenship can be seen in the unreported
2010 case of Lee Chin Poh & Anor v. Registrar-General of Births and Deaths decided by the
High Court whereby it was decided that legal adoption by Malaysian parents of a child born
in Malaysia to unknown biological parents led to automatic acquisition of Malaysian
citizenship by the child. This landmark decision is considered protective of the child’s best
interest. It rested on the interpretation that the child concerned was a Malaysian citizen
by virtue of having at least a parent who is a Malaysian citizen under Article 14(1)(b),
Section 1(a) of Part II of the Second Schedule of the Federal Constitution, and that the child
was proved to be born in the country after Malaysia Day and not born a citizen of any other
256 supra 17
257 ibid
258 ibid
259 ibid

country under Section 1(e) of the same Part II of the Second Schedule. When read together
with the relevant provisions in the Adoption Act 1952260 and the child’s lawful adoption
order, it held to carry the effect of granting citizenship by operation of law to the child261.
The fact that the identity of the biological parents was unknown was said to be an irrelevant
consideration when the child would be rendered stateless due to said fact.
However, a string of comparable cases decided subsequently yielded decisions based on

contrary interpretations. These decisions underscore firstly that the identity and
whereabouts of the biological parents must be factored into consideration and secondly,
unless citizenship was specifically raised in the Adoption Act 1952, the Act is considered
irrelevant or inadequate in extending its effects on the citizenship of an adopted child262.
If the identity of a child’s biological parents is unknown, the immediate consequence is that
the child will not be qualified to be a citizen of Malaysia by operation of law263.
Abandoned Children or Foundlings

Abandoned children refers to situations in which a child, usually a baby, is abandoned by a
parent or caregiver with the obvious intention of creating permanent separation or
situations where a parent places a child in a residential institution without the intention of
relinquishing the child permanently. With regards to citizenship of abandoned children,
Section 19B Second Schedule of the Federal Constitution provides that, for the purpose of
Part 1 and Part II of this Schedule, any new born child found exposed in any place shall be
presumed, until contrary is shown, to have been born of a mother permanently resident
there, and if he is treated by virtue of this section as born, the date of the finding shall be
taken to be the date of the birth. Therefore it is proven that abandoned children could
acquire citizenship through operation of law under Article 14(1) (b) and (e). However it is
important to emphasize that the status of a newborn foundling is not automatically written
in his birth certificate as a citizen, but his status of citizenship is stated as ‘not yet
determined’264. This is due to the process of investigation of the status of his parent‘s
citizenship265.
260 Section 9(1) of the Adoption Act 1952 vests all rights, duties, obligations and liabilities exercisable by and enforceable
against the adopter as though the child was a child born to the adopter in lawful wedlock. Section 25A supports this
further by requiring that the word ‘adopted’, ‘adopter’, ‘adoptive’ or similar words not to appear in the birth certificate
to avoid adverse psychological effects on an adopted child upon learning of his actual background or status. It was argued
that recording the child as a permanent citizen when the adoptive parents are citizens would contravene the purpose of
S 25A and against the best interest of the child.
261 Lee Chin Pon & Anor v Registrar-General of Births and Deaths, Malaysia [2010] (unreported)
262Foo Toon Aik (suing on his own behalf and as representative of Foo Shi Wen, Child) v Ketua Pendaftar Kelahiran dan
Kematian, Malaysia [2012] 9 MLJ 573; Than Siew Beng & Anor v Ketua Pengarah Jabatan Pendaftaran Negara & Ors [2016]
6 CLJ; Lim Jen Hsian & Anor v Ketua Pengarah JPN & Ors [2016] 7 CLJ
263 See for instance Chin Kooi Nah (Mendakwa Bagi Diri Sendiri Dan Sebagai Wakil Litigasi Kepada Chin Jia Nee, Kanak-
Kanak) v Pendaftar Besar Kelahiran Dan Kematian, Malaysia [2015] MLJU 1199; Pendaftar Besar Kelahiran dan Kematian,
Malaysia v Pang Wee See & Yee Oii Pah @ Yee Ooi Wah, Civil Appeal No B-01(A)-74- 03/2016
264 ibid
265 Ibid

Children of Refugees and Undocumented Migrants
Malaysia's position concerning refugees is that it is not a signatory to the 1954 Convention
relating to the Status of Stateless Person. Therefore, the Immigration Act 1959/63 makes
no distinction between asylum seekers, refugees, irregular immigrants and undocumented
or stateless people. Instead, the groups above are collectively considered undocumented
migrants, and both parents and children face the threat of arrest266. While the state does
not grant refugee status or asylum, it has cooperated with UNHCR and generally does not
impede other humanitarian organizations from assisting refugees267. Some of the refugees
or migrants do not possess identification documents and since they live under constant
fear of arrest or harassment from the authorities, they do not register their children born
in Malaysia268. This means both parents and child are at risk of becoming stateless. In East
Malaysia, there is a large population of stateless children born to Indonesian and Filipino
immigrants269. Even though, some of these children were born in Malaysia, the law does
not automatically granted citizenship due to the fact that their parents are either stateless
or have been repatriated to their own countries270.
Source: Institute on Statelessness and Inclusion
266 ibid
267 ibid
268 ibid
269 Supra 17
270 Supra 17

Children who are rendered stateless or without Malaysian Citizenship have limited
access to education, healthcare and employment
(1) Education
Stateless children in Malaysia do not have access to a formal education, as most public
schools do not accept foreigners or undocumented children. Even if they somehow
managed to attend school, they are not entitled to education perks such as the Textbook
Loan Scheme271. A tertiary education in Malaysia would also be difficult for stateless
individuals, as they would have to pay foreign student fees which are generally higher, and
would not be entitled to a government loan from the National Higher Education Fund
Corporation, better known by its Malay acronym, PTPTN (Perbadanan Tabung Pendidikan
Tinggi National)272.
(i) Policy Introducing Production Of Passports To Attend School

It was recently reported as well that as of February 2021 stateless children adopted by
Malaysian parents are unable to attend school under new policy requiring them to produce
passports273.
One such parent, MV Krishnan, 64, said his 13-year-old adopted daughter was supposed to
enter Form One this year but could not because of this new policy274.
“The education department told us that we must furnish her passport to enrol her in a
government school because she is not a Malaysian citizen,” he said275
He said these stateless children were born in Malaysia to foreign mothers who have since
exited the country276.
“The adoptive parents couldn’t apply passports for the children who were listed as citizens
of their birth mothers’ countries,” he said277.
He criticised Putrajaya for implementing this new policy that effectively denies stateless
children an education278.
271 https://theaseanpost.com/article/malaysias-stateless-children
272 ibid
273
https://www.malaymail.com/news/malaysia/2021/02/02/stateless-children-cant-attend-school-under-new-policy-
requiring-passports/1946216
274 ibid
275 ibid
276 ibid
277 ibid
278 ibid

“This is inhumane. Access to education is a fundamental human right and yet these children
were denied this basic right,” he said279.
He said he wrote to the education department in November last year but to no avail280.
“This has to be resolved immediately, they are adopted children, it is not a crime to be
adopted. Why deny them the right to education?” he said281.
He called on the Education Ministry to look into this issue and allow stateless children to
continue schooling282.
(ii) Tertiary Education
Currently Three (3) Institutions of Higher Education (Brickfields Asia College Education
Group, Universiti Tun Abdul Razak and Nottingham University) are offering discounts or full
scholarships to Refugee, Stateless, B40 and Disabled students to help them pursue tertiary
education. These discounts/scholarships pave the way for a brighter future for these
students, a future filled with possibilities instead of a life filled with fear. More private and
public universities should emulate these 3 institutions as well and give these students a
change to change their lives and their realities.
(2) Legal employment, public services and healthcare

Stateless children are also denied the right to legal employment, public services and even
healthcare in Malaysia. Malaysians are able to use their Identification Card (IC) for
unlimited use of public transport for a nominal fee of RM100 (US$23) a month283. However,
this scheme is not applicable to foreigners or those without an IC284. Apart from that, the
cost of healthcare in Malaysia is higher for non-citizens which means that foreigners,
including stateless and undocumented individuals without an IC would need to pay more
for consultations and medication at local clinics and hospitals285. This has raised concerns
among members of the public regarding the wellbeing of stateless people in Malaysia amid
the current COVID-19 pandemic286. Nevertheless, health director-general, Noor Hisham
Abdullah has recently announced that foreigners will also receive free COVID-19 testing at
clinics and public hospitals like other Malaysians do287.
“If the foreigners come to a government clinic or hospital for non-COVID-19 diseases, they
will be charged a set fee. However, for COVID-19 related illnesses, as per the circular dated
279 ibid
280 ibid
281 ibid
282 ibid
283 Supra 55
284 ibid
285 ibid
286 ibid
287 ibid

29 January, fees will not be charged, regardless of whether one is poor or rich,” explained
Noor Hisham Abdullah288.
However, observations at the grassroots shows that stateless persons remain

apprehensive to get tested for COVID-19 or to avail treatment at government facilities, this
is due to the fear of being arrested for not possessing legal identity documents – although
the government has given assurance that no arrest will be made289.
(3) Impact of Covid -19 on Stateless Communities including children

(i) Parents are unable to provide basic necessities for their families
The stateless persons in Malaysia are among the most affected by the COVID-19 outbreak
and the subsequent Movement Control Orders (MCO) implemented by the Government.
The movement restrictions imposed under the MCO have robbed the majority of them,
who are reliant on daily wages (informal employment given their stateless status), their
source of income, and the means to support themselves and their families during these
trying times. With limited or no savings, each extension of the MCO, means another day of
struggles for them to find food and basic necessities. Furthermore, mental health issues
and a surge of domestic violence incidents involving women and children have also been
observed since the enforcement of the MCO290.
On 27th March 2020, Prime Minister Tan Sri Muhyiddin Yassin announced the Bantuan
Prihatin National (BPN) scheme as part of the Prihatin Rakyat Economic Stimulus Package,
which included a one-off cash payment for the lower-income B40 and middle-income M40
groups to help Malaysian cope financially during the COVID-19 outbreak. Subsequently, on
6th April 2020, the Prime Minister announced additional measures included under the BPN
schemes to ease financial burden faced by small and medium enterprises (SMES) and in
ensuring job continuity in Malaysia. The stateless people, however, are excluded from
accessing and benefiting from the support and assistance provided, due to their non-citizen
status291.
(ii) Detention
In Malaysia, a series of arrests have taken place under the guise of ‘COVID-19 concerns’,
where thousands of migrants, probably including stateless persons undocumented asylum
seekers, and refugees, have been rounded up and detained by the Ministry of Defence292,
288 ibid
289 https://equalnationalityrights.org/news/104-dhrra-malaysia-statement-on-the-impact-of-covid19-on-stateless-
persons-in-malaysia
290 https://equalnationalityrights.org/news/104-dhrra-malaysia-statement-on-the-impact-of-covid19-on-stateless-
persons-in-malaysia
291 ibid
292 1 ‘Malaysia rounds up migrants to contain coronavirus, U.N. warns of detention risks’ Reuters (2 May 2020), available
at https://uk.reuters.com/article/uk-healthcoronavirus-malaysia-migrants/malaysia-rounds-up-migrants-to-contain-
coronavirus-un-warns-of-detention-risks-idUKKBN22E048.

resulting in human rights violations and serious public health implications. This practice
contradicts and undermines the Ministry of Health’s announcement at the beginning of
the pandemic that all persons, regardless of status, could come forward for testing without
fear of arrest and detention – a move heralded at the time by the international community
as an example of good and inclusive practice293.
The Ministry of Health has unfortunately failed to intervene in response to these raids. Not
only does this raise serious concerns from a public health perspective, but it also raises
questions as to why there is a lack of common messaging and contradictory actions by
different government departments, especially in times of a pandemic, when security
depends upon public health294.
The justification is that these raids are necessary in response to COVID-19, and the
government initially said that those detained had tested negative and that detention
centres are not crowded, so there is no chance of an outbreak. The government,
propagating false narratives that demonise non-citizens, has also said that non-Malaysians
have been targeted because foreign workers are more likely to spread COVID-19, and that
undocumented persons were not coming forward for testing. These two statements are
contradictory, and new cases of COVID-19 in Malaysian detention centres have now been
recorded295. However, there are concerns that the full scale of the outbreak within centres
is being underreported, and that humanitarian actors are being denied access to detention
centres296.
Recommendations for the Stateless Children Issues
(1) Accede to the UN Statelessness Conventions.

(2) Establish effective statelessness status determination procedures.
(3) Adopt legal protection frameworks that guarantee the rights of stateless persons, in
order to regulate issues such as their migratory status, identity and travel documents
and, more generally, ensure full enjoyment of the rights protected by the 1954
Convention and other human rights treaties.
(4) Ensure that no child is born stateless by removing gender discrimination from
national laws and allowing legal adoption by Malaysian parents of a child born in
293 https://files.institutesi.org/Covid19_Stateless_Impact_Report.pdf
294 Supra 89
295 N. Daim, ‘New Covid-19 cluster detected at Bukit Jalil immigration depot’ New Straits Times (21 May 2020), available
at https://www.nst.com.my/news/ nation/2020/05/594431/new-covid-19-cluster-detected-bukit-jalil-immigration-
depot .
296 Supra 89

Malaysia to unknown biological parents which leads to automatic acquisition of
Malaysian citizenship by the child.
(5) Ensure that the presence or absence of marriage registration documents does not
affect birth registrations.
(6) Grant protection statues to stateless migrants and facilitate their naturalization.
(7) Confirm nationality, for example, by facilitating late birth registration, providing
exemptions from fees and fines and issuing appropriate documentation for this
purpose.
(8) Addressing and assisting stateless individuals who have language barriers and literacy
challenges which hamper their understanding of the overall application procedures
and interviews conducted by JPN.
(9) Consider removing the requirement of having the presence of two witnesses at least
15 years older than the subject, to initiate late birth registration as securing such
witnesses becomes a challenge for the pre-independence stateless population.
(10) Setting up a task force to specifically look into assisting stateless individuals with the
compilation of the necessary supporting documents required by JPN to apply for
citizenship. This is to ensure a team is created that is able to focus on this specifically
thereby reducing the backlog of cases currently faced by JPN.
Prepared by:
Lariche Community
on-Discrimination and Access to Knowledge

Refugee Child and the Malaysian Legal Framework
Current Context
A refugee child or a minor is defined in accordance with the ruling of the United Nations
High Commissioner for Refugees (UNHCR), which combines the definition of refugees in
the 1951 Convention Relating to the Status of Refugees (CRSR) with the meaning of a child
in Article 1 of the United Nations Convention on the Rights of the Child (CRC). Thus, refugee
children are persons who are below the age of 18 years297 and who:
….owing to a well-founded fear of being persecuted either because
of race, religion, nationality, membership of a particular social
group, political opinion, are outside the country of nationality or
former habitual residence and are unable to or unwilling to avail
themselves to the protection of the country of nationality or unable
to or unwilling to return to his country of residence298.
Refugee children become the subject of this paper for three reasons. Firstly, because they
are more vulnerable than adult refugees and ordinary children who are citizens299. Their
positions as children and refugee make them more susceptible to various risks and danger
such as being abused and treated as illegal immigrants or criminals300. Secondly, because
they are naive, dependent, and unable to fend for themselves makes them in need of
continuous support from adults in dealing with affairs affecting them and in the exercise
of their rights301. Thirdly, refugee children form the majority percentage within worldwide
297 CRC, Article 1.

298 CRC, Article 1 A (2).
299UNHCR, Refugee Children: Guidelines on Protection and Care (1994)
<http://www.refworld.org/docid/3ae6b3470.html>.
300 See Nigel Thomas and John Devaney, “Safeguarding Refugee and Asylum- seeking Children” (2011) 20 Child Abuse
Review 307- 310, 307; and Alice Farmer, “Refugee Responses, State-like Behavior, and Accountability for Human Rights
Violations: A Case Study of Sexual Violence in Guinea's Refugee Camps” (2006) 9 Yale H.R. & Dev. L. J. 44-103. It discusses
the vulnerability of refugee women and girls to sexual violence and exploitation in refugee camps and the lack of access
to justice; and Wendy A. Young, ‘The Protection of Refugee Women and Children Litmus Test for International Regime
Success’ (2002) 3 Geo. J. Int’l Aff. 37- 44 that discuss lack of protection and security needed by refugee children and
women
301 supra 3

refugee population and in Malaysia the current number is more than 20 percent. There is
an increasing concern for their survival, future, and their entitlement as children such as
the right to education302.
Refugee children continue to find themselves in complicated situations in Malaysia even

though the country has vast experience in hosting a large number of refugees for decades.
From the 1970s until today, refugee children from various countries in the Southeast Asian
region and beyond have crossed international borders with their families or on their way
to escape various forms of persecution, wars, generalized violence, severe human rights
violations, political conflict, civil strife, and natural disasters in their country of origin to
seek refuge in Malaysia303.
As of end March 2021, there are some 178,920 refugees and asylum-seekers registered
with UNHCR in Malaysia304.
● Some 154,350 are from Myanmar, comprising some 102,560 Rohingyas, 22,430
China, and 29,350 other ethnic groups from conflict-affected areas or fleeing
persecution in Myanmar305.
● The remaining individuals are some 24,570 refugees and asylum-seekers from 50
countries fleeing war and persecution, including some 6,620 Pakistanis, 3,670
Yemenis, 3,270 Syrians 3,230 Somalis, 2,640 Afghans, 1,710 Sri Lankans, 1,210
Iraqis, 750 Palestinians, and others306.
Some 68% of refugees and asylum-seekers are men, while 32% are women. There are
some 45,720 children below the age of 18.307
The presence of refugee children and their community in Malaysia give rise to protection
issues for the group. Even though there is a basis for refugee children to claim protection
under international law, it is difficult to enable the application of international law in local
courts308. Moreover, the Malaysian legal framework does not expressly provide
protection for children who are being persecuted.309
302 The preamble to the United Nations Convention on the Rights of the Child 1989 acknowledges that children should enjoy their rights,
be given assistance, protection and care; treated without discrimination and brought up in a family environment in order to main their
dignity and fully develop.
303 Dina Imam Supaat, ‘Refugee Children under the Malaysian Legal Framework’, UUM Journal of Legal Studies, ISSN: 2229-984 X, vol. 4,
2014, pp. 118-148

304 https://www.unhcr.org/en-my/figures-at-a-glance-in-malaysia.html
305 ibid
306 ibid
307 ibid
308 It has been argued for example in Amer Hamzah Arshad, ‘The Protection of Refugee Children in Malaysia: Wishful Thinking or Reality’
(2004) INSAF XXXIII No. 4, p. 105- 125 that in states which do not ratify the CRSR, refugee can claim protection under the non-
refoulement rule, the rule against return which has become a customary international law. However, studies show that the court is not
prepared to recognise the existence of customary rule and its application in domestic courts as decided in the case of PP v Narogne
Sookpavit [1987] 2 MLJ 100.
309 Displaced people and forced migrants of Southeast Asia are a testament that their states of origin have in a way or another failed to
provide protection for their own people. See Riwanto Tirto Sudarmo, ‘Critical Issues in Forced Migration Studies and the Refugee

General Legal Provisions Relevant To Refugee Protection
There are acts of Parliament that can offer direct and indirect protection to refugee
children even though for many provisions, there is no judicial authority to support the
application of the provisions310.
The Federal Constitution

The Malaysian Federal Constitution visibly pledged the fundamental liberties of individuals.
The guarantees of such rights are made under Article 5- 13 encompassing among others,
liberty of the person (Article 5); prohibition of slavery and forced labour (Article 6); equality
before the law (Article 8); and rights in respect to education (Article 12). These rights also
extend to children as they are to adults. Aggrieved individuals may seek a declaration that
the government’s conduct is invalid or unconstitutional if certain acts are contrary to the
provision of the constitution311. Legal presence in the country is not a prerequisite to
commence an application to the court for such declaration312. However, non-citizens
including children, are exempted from enjoying the rights and privileges under Article 9, 10
and 12 which are provided for Malaysian citizens exclusively313.
Equality
In relation to refugees, Article 8 on equality is of particular interest. The relevant provision:
‘all persons are equal before the law and entitled to equal protection of the law’ leads one
to the understanding that refugees should be accorded the same protections as that
accorded to Malaysian citizens. Unfortunately, this is not the case as this provision is
restricted by clause (2) that declares that only citizens are protected from discriminatory
legislations which discriminate people on the ground of religion, race, descent or place of
birth314. Hence, what can be understood from this is that laws which discriminate against
non-citizens are valid laws and can take effect. To benefit from the protection of Article 8,
refugees must show that the discrimination is not allowed under the constitution, is unfair
and it had caused them damage315.
Crisis in Southeast Asia (2007) UNEAC Asia Papers (Special Issue Refugees and Refugee Policies in the Asia Pacific
Region) 13, <http://www.une.edu.au/asiacentre/PDF/No14.pdf>
310 Supra 7
311 For instance when a person is detained unlawfully or without being informed of the reason and ground of detention
contrary to Article 5 (2) and (3). See Aminah v Superintendent of Prison, Pengkalan Chepa, Kelantan (1968) 1 MLJ 92;
and N Indra a/p Nallathamby (administratrix of the estate and dependant of (Kugan a/l Ananthan, deceased) v Datuk
Seri Khalid bin Abu Bakar & Ors [2014] 8 MLJ 625.
312 In the case of Alfredo bin Pakkal (Filipino Illegal Immigrant) v Deputy Minister of Home Affairs Malaysia & Ors (2011)
MLJU 334 and Sukma Darmawan Sasmitaat Madja v Ketua Pengarah Penjara Malaysia & Anor [1999] 1 MLJ 266, their
status as non- citizens did not stop them from making the application to the court and for Alfredo, his status as an
illegal migrant does not make him ineligible to bring his case to the court.
313 Harding, A., Law, Government and the Constitution in Malaysia (LexisNexis, Kuala Lumpur 1996)
224.
314 The Federal Constitution, Article 8 (2); and Harding, A., Law, Government and the Constitution in Malaysia (LexisNexis,
Kuala Lumpur 1996) 236.

315 Ahmad Tajuddin bin Ishak v Suruhanjaya Pelabuhan Pulau Pinang [1997]

Immigration Act 1959/63
Immigration laws in this country are fundamentally based on the Malaysian Immigration
Act 1959/63 and the Passport Act 1966. None of these acts make mention of refugees in
any of its provisions, what more the procedures relating to refugee status. Provisions of
the Immigration Act apply to every regular person entering Malaysia and refugees alike
without exception. The Act is essentially a device utilized to address illegal entry and stay316
regardless of the persons’ claim as victims of persecution.
Laws on Child Protection and Child’s Rights

Malaysian legal framework on the protection of children from abuse, violence, labour,
exploitation, protection of rights and juvenile justice lies in several statutes, but each
statute is far from providing enough safeguards for the protection of the rights of the child
as guaranteed under the UNCRC. Discussion within this section will be focused on the Child
Act 2001 and the Education Act 1996.
Child Act 2001

This enactment was borne out of Malaysia’s obligations as a state party to the UNCRC from
1955 and the provisions are formulated based on the four core principles of the UNCRC:
non-discrimination, best interest of the child, the right to life, survival and development
and respect for the views of the child317.
Its Preamble provides that every child is entitled to protection and assistance in all
circumstances without discrimination for the reason of race, colour, sex, language, religion,
social origin or physical, mental, or emotional disabilities or any status318.
There are limitations to this Act however as refugee children are not expressly mentioned
or covered under this Act unless he or she falls within any of the category of children
needing protection. The limited situations described in the Act are not enough for refugee
children because their situation may not fall under any of the stated conditions. It is
doubtful that ‘a child who entered the country illegally or without a valid travel document’
can simply fit into the description of section 17 unless he is found to be on the streets,
begging and receiving donations or carrying out illegal activities which are detrimental to
his or her health319.
It must be noted that the Child Act is meant to protect children in circumstances which are
highly abusive. It was not designed to cater for children lacking legal status or whose
316 Preamble to the Immigration Act 1959/63

317 Ministry of Women, Family and Community Development, ‘Implementation of the Convention on the Rights of the
Child Malaysia’s First Report’ (2006) p.37
318 Child Act 2001
319 Child Act 2001, Section 17 (k)

fundamental rights as children are being violated such as children denied primary
education or healthcare. If the Act is said to have been guided by the guiding principles of
the UNCRC, it may be concluded that the guidance is only applicable to a limited section of
a child’s life and rights. The Act does not in the first place declare that every child should
enjoy being a child and the repercussion that arise when children are unable to exercise
their rights320.
Education Act 1996

Even though the Act does not expressly discriminate children on the ground of their
citizenship status and therefore, immigrant children could be enrolled in any public funded
school, however, there are some regulations that limit the enrolment of refugees. First, it
is a requirement for a child to be registered using his/ her birth certificate. Secondly,
primary and secondary education is free for citizens, but schools are allowed to charge
student a fee for various purposes. These two practices have impeded refugee children’s
access to public school. In many cases refugee children may not have their birth certificate
and thus are not able to register. If they do register, their parents are not able to fund the
payment charged by the school. Furthermore, other related expenses such as for school
uniform, books and transportation are also significant obstacles. 321
Malaysia and International Institutions and International Law

External to the national legal framework is the office of the UNHCR that operates to provide
international protection for refugees in Malaysia322. Seeing as Malaysia is not a party to the
UN Refugee Convention, UNHCR plays a fundamental and crucial role in providing refugee
protection, determining refugee status and finding durable solutions323. Those who are
recognised as refugees are given identification card/ papers and become persons of
concern to UNHCR. The Malaysian authorities have agreed that those who hold the UNHCR
identification papers will not be charged with illegal entry or failure to produce valid travel
documents but this is not a guarantee against possible detention and abuse by
enforcement authorities.324 In many reported cases, refusal to acknowledge UNHCR’s
mandate has caused refugees and asylum seekers with UNHCR papers to be arrested
during raids and road blocks despite showing the identification document to the
authorities325. Because there is no specific regime for refugee protection under the
Malaysian legal framework, UNHCR is basically operating on the courtesy of the
320 Supra 7
321 Supra 7
322 Dina Imam Supaat, ‘Refugee Children under the Malaysian Legal Framework’, UUM Journal of Legal Studies, ISSN:
2229-984 X, vol. 4, 2014, pp. 118-148

323 UNHCR Malaysia, ‘Protection’ (UNHCR Malaysia) <http://www.unhcr.org.my/What_We_Do-@ Protection.aspx>
324 Suaram, ‘ Undocumented Migrants and Refugees in Malaysia: Raids, Detention and Discrimination’
<https://www.fidh.org/IMG/pdf/MalaisieCONJ489eng.pdf>
325 ibid

government without legal ground, without real legal power326. UNHCR is thereby confined
to finding a resettlement place at a third country and to arrange for voluntary
repatriation327. Hence, at times UNHCR is prevented from finding a solution which is in the
best interest of refugee children328.
Customary International Law

Not being a contracting state to the CRSR is not an exhaustive excuse to escape
responsibility under International law. Non-contracting states are still bound to protect
refugees to a certain extent under customary international laws329. The first rule is the
principle of non-refoulement. It prevents state from rejecting, returning, or removing
refugees and asylum-seekers from their jurisdiction were this to expose them to a threat
of persecution, or to a real risk of torture, cruel, inhuman or degrading treatment and
punishment, or to a threat to life, physical integrity and freedom330.This rule has become
customary international law which binds all states, including Malaysia331. The second
customary rule is the principle of the best interests of the child that demands all organs of
state to make the best interests of the child as a paramount consideration before deciding
or taking any action332.
Critical Gaps in Refugee Issues in Malaysia
Malaysia defied a Court Order by deporting more than 1,000 Myanmar nationals back
to their homeland.
The 1,086 Myanmar citizens were sent back on three navy ships sent by Myanmar’s
military on the 23rd of February 2021 in defiance of the Kuala Lumpur High Court’s
interim stay order allowing rights groups to challenge the plan333.
Malaysia vowed not to deport Rohingya Muslims, or refugees registered with the UNHCR
but the agency has said that at least six people registered with it were among the
deportees334. Following on from that, the Asia Pacific Refugee Rights Network (APRRN) said
in a statement that it had confirmed that two children were separated from their families
and deported back to Myanmar alone on the ships335.
326 supra 21
327 ibid
328 ibid
329 ibid
330 ibid
331 ibid
332 Dina Imam Supaat, ‘Refugee Children under the Malaysian Legal Framework’, UUM Journal of Legal Studies, ISSN:
2229-984 X, vol. 4, 2014, pp. 118-148

333 https://www.theedgemarkets.com/article/malaysia-deports-1086-myanmar-nationals-despite-courtordered-stay
334 ibid
335 https://www.theedgemarkets.com/article/asylumseekers-children-among-myanmar-deportees-malaysia-
%E2%80%94-rights-groups

APRRN, along with three other rights groups, also said there was substantial risk that those
deported included refugees and asylum-seekers fleeing ethnic conflict and persecution in
Myanmar. ‘There is great fear that life for these ethnic minorities deported back to a
military regime will likely worsen,’ the groups said336.
Concerns over the deportation of unregistered asylum-seekers have persisted, as the

UNHCR has not been allowed to interview immigration detainees since 2019337.
It is of paramount importance that the Malaysian government grant UNHCR immediate

and unrestricted access to the 114 individuals remaining and which the High Court issued
an extended stay order against their deportation along with the release of individuals in
need of international protection who are still in detention and to open an independent and
thorough investigation into the breach by the immigration department of the court order
on 23 February338.
Children amongst hundreds in Malaysian Immigration detention centres

As of 26 October 2020, there are around 756 children in Malaysian immigration
detentions across the country as reported by Malaysia’s home minister339.
When the detention of vulnerable individuals, such as children are brought to the attention
of UNHCR and these individuals are found to need international protection, UNHCR will
work with relevant government agencies for immediate access and their urgent release340.
UNHCR faces a critical obstacle, however as Malaysia has refused the agency access to the
country’s immigration detention centres since August 2019, it has been unable to meet
asylum seekers and refugees who may have been detailed and assess their protection
needs341.
Considering that Malaysia is not signatory to the UN Refugee Convention and does not
have a legal framework for refugees, they are vulnerable to detention as undocumented
migrants. Nearly 1,000 unaccompanied and separated refugee and asylum-seeking
children were registered with UNHCR as of 2018.
336 ibid
337 ibid
338 https://idcoalition.org/news/statement-malaysia-defies-court-order-putting-lives-in-imminent-danger/
339 https://www.aljazeera.com/news/2020/12/10/lone-children-among-hundreds-in-malaysia-immigration-detention
340 ibid
341 https://www.aljazeera.com/news/2020/12/10/lone-children-among-hundreds-in-malaysia-immigration-detention

Malaysia’s immigration laws also do not distinguish children from adults, leaving children
subject to adult arrest and detention conditions, without access to education or play.
Children under 12 are held with adult women, while boys over 13 are held with adult men
according to SUKA Society, a Malaysian Child rights organization342.
Education
UNHCR supports a ‘parallel school system’ mostly run by faith-based and charitable groups
as refugee children are unable to enrol in public schools which require the presentation of
a birth certificate. But these schools often do not provide certification, and few refugees
are able to continue to secondary schools343. UNHCR estimates that only around 30 percent
of refugee children of school age in Malaysia go to school344.
These learning centres however have no sustainable funds and employing permanent
teachers is difficult, reliance on volunteers means a high turnover rate and many of these
schools depend on public donations to meet rental and utility costs345.
Tertiary education is possible thanks to a small group of higher education providers with
almost 100 refugees in tertiary education presently. Malaysia loses nothing by granting
these children access to education as most of them are likely to stay as the prospect of
resettlement is getting more difficult each year and many children who were born and
brought up in Malaysia are able to speak Bahasa Malaysia fluently and do not have
familiarity with their home country346.
By providing education and affordable healthcare, this generation can be a contributing

one in this country while preventing the young from falling into a life of crime347.
Recommendations for the Refugee Issues
Establishing a national legislative and policy framework for refugee protection

(1) Accede to the 1951 Refugee Convention and its 1967 Protocol, and ensure the
country is in full compliance with international refugee protection standards348.
342 ibid
343NST Online. 2019. 70 percent of refugee kids do not go to school | New Straits Times. [online] Available at:
<https://www.nst.com.my/opinion/letters/2019/08/510066/70-cent-refugee-kids-do-not-go-school>
344 Ibid
345 ibid
346 ibid
347 ibid
348 UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees
For the Office of the High Commissioner for Human Rights' Compilation Report Universal Periodic Review: Malaysia,
July 2018, 3rd Cycle, available at: https://www.refworld.org/docid/5b56f3067.html

(2) Fully respect the principle of non-refoulement in accordance with customary
international law349.
(3) Enact a legislative and administrative framework for the treatment and protection
of refugees and asylum-seekers, and establish appropriate mechanisms to receive,
register, process and document asylum-seekers and refugees350;
(4) Put in place measures to regularize all UNHCR cardholders, permitting their legal
temporary stay in Malaysia and access to the legal employment sector, as well as
to formal education, health and other public services351; and
(5) Increase efforts to ensure registration of all births in the country is in line with
domestic legislation and Article 7 of the Convention on the Rights of the Child352.
Arrest, detention and prosecution of asylum-seekers and refugees

(1) Ensure refugees and asylum-seekers are not penalized for illegal entry or stay; that
detention is only used as a last resort and where necessary, is for as short a period
as possible and subject to safeguards to prevent arbitrary and/or indefinite
detention353;
(2) Implement the alternatives to detention (ATD) pilot project for unaccompanied
children and establish other ATD mechanisms, such as screening and referral
protocols for unregistered women, children, victims of human trafficking and other
vulnerable asylum-seekers and refugees354; and
(3) Take measures to improve the oversight of the basis for and conditions of
immigration detention to ensure they meet international standards, including
increasing funding, and enable SUHAKAM and other bodies to undertake
independent monitoring355.
Access to Education recommendations by Brickfields Asia College education Group.

(1) Converting current government schools that are severely underpopulated into
international schools with a Malaysian internationally recognised examination (i-
SPM) based on our current SPM syllabus but conducted in English.
(2) Seeing as the resources are already available to upscale the school will only cost a
minimum compared to the Return of Investment. The students who wish to enrol
in this school will be required to pay a minimum/reasonable yearly fee creating
income for MOE and give sufficient mass for schools with small enrolments to
continue with financial injection.
349 ibid
350 ibid
351 ibid
352ibid
353 ibid
354 ibid
355 ibid

(3) This international school will be open to both Malaysian and refugee children which
in turn allows the country to have the option of offering the crème de la crème
within the refugee community the possibility of getting PR here instead of
resettlement elsewhere thereby, encouraging diversity within Malaysia and
retaining the best of the refugee diaspora.
Prepared by:
Lariche Community

Accessing Citizenship for Children in Malaysia
Current Context
Child's rights issues pertaining to children of Malaysian citizens married to a foreign
spouse are multifold. This report focuses on the child's right to citizenship, and the
repercussions of the lack of, in terms of healthcare, education and family unity.
Recommendations are provided to address these gaps in the pursuit of the child’s basic
universal rights.
Family Frontiers supports and advocates for the rights of binational families with at least
one spouse who is a Malaysian citizen. It acts as an umbrella body for the Foreign
Spouses Support Group (FSSG) and Malaysian Campaign for Equal Citizenship that works
closely with Malaysian mothers who have non-citizen children and advocates for legal
reform to secure gender-free citizenship rights.
Critical Gaps in Accessing Malaysian Citizenship

There are three substantial obstacles to children acquiring Malaysian citizenship,
specifically:
1. Children born overseas to a Malaysian woman and a foreign father.
Article 14(1)(b) of the Federal Constitution allows a person born outside of
Malaysia to be a citizen by ‘operation of law’ provided that their father is a citizen
at the time, limiting Malaysian mothers to Article 15(2) and its related Second
Schedule, where citizenship is upon application—a system fraught with
inconsistencies, delays, and no guarantee of securing citizenship.356
2. Children born to a Malaysian man and a foreign mother outside of a legally
356 Family Frontiers. “Malaysian Campaign for Equal Citizenship: Procedural Inconsistencies and Challenges to
Citizenship Application via Article 15(2) - Children Born Overseas to Malaysian Women.” Family Frontiers,
2020. Document.

recognized marriage. Section 17 of Part III of the Second Schedule of the Federal
Constitution states a person born outside of a legally recognized marriage shall
automatically be accorded the citizenship of their mother.
3. Children who have been abandoned (foundlings) or have unidentified biological

parents. Section 1 of the Second Schedule of the Federal Constitution is
interpreted with “parent” referring to the child’s biological parents, requiring
proof of the biological parents’ citizenship for conferment onto the child. This
creates an impossibly high burden of proof when biological parents are
unknown, or a cycle of statelessness when biological parents do not have
citizenship themselves. This includes children brought up by government-
registered welfare homes and by adoptive parents.
Many children who are denied citizenship under these provisions have been rendered
stateless. This comprises children born overseas to Malaysian mothers (and non-citizen
fathers) when the children do not have access to the foreign father’s citizenship, children
born out of a legally recognised marriage to Malaysian fathers (and non-citizen mothers)
in the event the mother is stateless or untraceable, children who were abandoned by their
birth parents or whose biological mother is a foreigner, and children who inherit the
status from their stateless parents. However, the scope of Family Frontiers is primarily
concerned with children from binational and transnational families with one Malaysian
parent, and the information found in this report is sourced from independent research
done by Family Frontiers.
Malaysia’s population as of 2020 was estimated to have 2.87 million non-citizens

compared to the 3.1 million recorded in 2019—a decrease consistent with the closure of
national borders and restrictions on non-citizens to remain in the country during the
COVID-19 pandemic.357 358 The total number of non-citizen children in 2019 was estimated
at 490,700, however statistics on non-citizen children with a Malaysian parent remain
unavailable.359
Malaysian mothers who have to apply for citizenship for their overseas-born children
encounter numerous challenges. Anecdotal evidence collected by Family Frontiers shows
357 Department of Statistics Malaysia. “Demographic Statistics Fourth Quarter 2020, Malaysia.” 10 February 2021.
<https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=430&bul_id=Szk0WjBlWHVTV2V1cGxqQ1hyVl
ppZz09& menu_id=L0pheU43NWJwRWVSZklWdzQ4TlhUUT09>
358 Department of Statistics Malaysia. “Current Population Estimates, Malaysia, 2020”. 15 July 2021.
<https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=155&bul_id=OVByWjg5YkQ3MWFZRTN5bDJia
EVhZz0 9&menu_id=L0pheU43NWJwRWVSZklWdzQ4TlhUUT09#>
359 Department of Statistics Malaysia. “Population by age group, sex and ethnic group, 2010 - 2019e, Malaysia”
<https://www.dosm.gov.my/v1/index.php?r=column3/accordion&menu_id=amZNeW9vTXRydTFwTXAxSmdDL1J4dz09
>

that the application process can be longer than two years, with some lasting more than
five years merely to get a response on the application, and usually, if rejected, is not
accompanied with a reasoning. The Parliament Hansard during the November to 17
December 2020 parliamentary sitting recorded that the Ministry of Home Affairs had
received a total of 14,477 citizenship applications between the start of 2019 to 15 October
2020. Of these applications, 45 have been successful, 691 were rejected, and 13,741 are
still being processed.360 The backlog of applications is reflective of the waiting period of
up to five years that some families have experienced.
In the states of Sabah and Sarawak, child statelessness is a deeply rooted problem with
generations of homegrown statelessness. Records show that between 2010 to 2019, the
state of Sarawak had received 6,191 applications for citizenship, where 1,230 were
successful, 491 were denied citizenship and 4,470 were still being processed.361 To
quicken the application process, Home Minister Datuk Seri Hamzah Zainudin announced
plans for a one year window allowing stateless persons to be registered as a Malaysian
citizen with documentary proof. However, due to the nature of statelessness, the plan fell
short.362 The high burden of proof placed on children to prove they do not belong to any
other country before claiming citizenship propagates a cycle of discrimination impossible
to navigate.
According to Parliamentary Hansard, the National Registration Department (NRD) had

recorded 17,150 successful citizenship applications from 2013 to February 2019. Of these
360 Parliament of Malaysia. “Questions No: 184. Notice of Oral Questions, Third Meeting of the Third Session of
the Dewan Rakyat 14th Parliament.” Hansard 2 November to 17 December 2020.
the Dewan Negara 14th Parliament.” Hansard 17 December 2020.

362 Lim, Ida. “Here’s why stateless individuals face so many challenges in being recognised as Malaysian citizens, Home
Minister
told.” The Star 15 December 2020. News website. <https://www.malaymail.com/news/malaysia/2020/12/15/heres-
why- stateless-individuals-face-so-many-challenges-in-being-recognised/1932203>.

applications, 11,1973 were processed under Article 15(1), for non-citizen spouses of
Malaysian men, and 138 under Article 15(2), for children under the age of 21 whose
parent(s) are Malaysians. 1,568 were processed under Article 15A, which is targeted at
children below the age of 21 and with special circumstances such as adopted children. A
total of 1,291 applications were processed under Article 16, for those aged 18 and above
born in Malaysia after Independence Day, and 2,180 under Article 19, for citizenship by
naturalization.363
Those denied Malaysian citizenship are required to apply for long term visas or permanent
residence for their children. However, both processes are unguaranteed, arbitrary and
tedious.
Access To Education
Provisions under the Education Act 1996 limit access to public schools for non-citizen
children in Malaysia. However, a directive made by the Ministry of Education in 2018
allowed non-citizen or stateless children of Malaysian parents or guardians to register by
requiring only relevant documents such as the child’s birth certificate, adoption papers or
a court order. Together with the application which must be submitted yearly, a fee of RM
120 for primary school and RM 240 for secondary school must be paid. Records show there
were 29,960 non-citizen students who were registered and accepted in the public
schooling system in 2018.
There are two concerns that remain with this system: students are ineligible for social
schemes such as the Textbook Loan Scheme, Supplementary Food Programme and health
programmes. Proper documentation and citizenship must be filed with the NRD within
two years, or the child may face difficulties to continue accessing public schools.364
Though this new practice was established in 2018, it has not been not fully implemented
or enforced. In February 2021, it was found that the state of Penang had refused access
to public schools to adopted stateless children of Malaysian parents. The state required
students to provide a passport or approved Malaysian citizenship status to enroll.365
Similar instances were found in other states; in the state of Johor, adoptive parents were
asked to provide a student visa from the Department of Immigration—a task impossible
without a passport. According to the Deputy Chief Minister of Penang, there are about
363 Parliament of Malaysia. “Permohonan untuk Mendapatkan Kewarganegaraan Malaysia, First Meeting of the
Second Session of the Special Chambers 14th Parliament.” Hansard 2 April 2019.
364 Ibrahim, Nor Affizar. “Stateless children can enroll in school.” New Straits Times 21 December 2018. News website.
<https://www.nst.com.my/news/nation/2018/12/442608/stateless-children-can-enrol-school>
365 Development of Human Resources for Rural Areas, Malaysia. “Stateless Children: Access to Public School
Malaysia.” Development of Human Resources for Rural Areas, Malaysia, 2021. Document.

2,000 stateless children in Penang alone.366 Without access to public education, some
children will have to defer to private schools where costs are high, and those without such
privilege, will go unschooled and will be left behind.
The above does not apply to stateless children who are without a Malaysian parent or
guardian. Their education is still contingent upon alternative learning centers, which have
been shown to be limited to basic resources that restrict the full potential of the
centers.367 368
Access To Healthcare
Non-citizen children of a Malaysian parent are designated as foreigners in public medical
facilities, which carry additional fees compared to citizens, as per the 2016 amendments
to the Fees Act (Medical) 1951. For example, outpatient treatment for Malaysian citizens
cost RM 1, while for foreigners it is RM40.369 Certain services such as vaccinations and
dental checks which are normally provided for free to Malaysian children in public schools
are not extended to non-citizen children. It is estimated that parents will have to pay a total
of RM 1,000 in vaccinations alone for their children—each vaccine costing RM40, and
following the schedule set by the Ministry of Health for vaccinations, there are a total of
twenty-five vaccines required from birth to the age of 15. 370 Parents who have children
with disabilities or long-term health issues will be faced with exorbitant medical costs.
However, there are two classifications of non-citizen children who are allowed to enjoy
health care services alike to citizens: those born in Malaysia under the age of 12, holding
a Malaysian Birth Certificate and with at least one parent who is a citizen or PR holder,
and those under the age of 18, adopted by Malaysian parents and with certified adoption
papers.371
Navigating Covid-19
The start of the pandemic left many Malaysian binational families stranded outside the
366 Nambiar, Predeep. “Do not let children suffer for lack of a passport.” Free Malaysia Today 5 February 2021.
News website <https://www.freemalaysiatoday.com/category/nation/2021/02/05/do-not-let-children-suffer-

for-lack-of-passport/?
the Dewan Rakyat 14th Parliament.” Hansard 25 November 2020.

368 Ngui Yi Xe, W., et al. “Alternative education for undocumented childfren: an input evaluation.” Journal of
Advanced Research in Social and Behavioural Sciences 9(1) (2017).

369 Ministry of Health Malaysia. “Outpatient Charges.” Ministry of Health Official Portal. Website.
<https://www.moh.gov.my/index.php/pages/view/160?mid=291>
370 Ministry of Health Malaysia. “Vaccination for Children in Malaysia.” Ministry of Health. Website.
<http://hsi.moh.gov.my/2019/04/17/vaccination-for-children-in-malaysia-2/>

country when the Movement Control Order began on 18 March 2020 as non-citizen
spouses and children of Malaysians faced difficulties to enter the country. To support them,
the Department of Immigration established three portals to request to enter and leave the
country: requests sent directly to the Director- General of Immigration, requests made via
MyEntry and requests made via MyTravelPass. Parliament Hansard recorded that between
18 March to 19 November 2020, Immigration had received 47,043 requests, where 30,046
non-citizens were allowed to enter the country and 16,997 were denied.372
Between 7 October to 20 November 2020, records show that 4,218 applications for
foreign spouses and non-citizen children to Malaysians were received. 2,366 of these
applications were allowed entrance and 1,574 were denied. There was a notably high
number of denied applications reasoned to have failed to meet the set criteria—that is to
have a valid marriage certificate and for emergency or official purposes. The Government
maintained that they were denied based on the COVID-19 situation experienced in the
country at the time.373
A Malaysian woman was concerned about her 3 year old Malaysian child during
her planned C-section. Her foreign spouse was denied entrance into Malaysia
during the MCO. She doesn't know where her child should be while she is giving
birth.
A non-citizen mourning the death of his Malaysian spouse, was stranded overseas
with his 3 year old Malaysian daughter, and was separated from his 2 year old
Malaysian son with disabilities who was in Malaysia.
An issue arising from stranded family members included Malaysian mothers who were
the Dewan Rakyat 14th Parliament.” Hansard 3 December 2020.

373 Parliament of Malaysia. “Questions No: 184 and 389. Notice of Oral Questions, Third Meeting of the Third
Session of the Dewan Rakyat 14th Parliament.” Hansard 2 November to 17 December 2020.

unable to register their children with the NRD because the non-citizen father was required
to be present. The Ministry of Home Affairs later allowed registration without the
presence of the non-citizen father in November 2020.374
Malaysian women (in binational marriages) overseas faced a myriad of challenges during
the COVID- 19 pandemic. Pregnant Malaysian women overseas faced challenges returning
to Malaysia to deliver their children and had to face a dilemma between risking their lives
to travel during the pandemic so they can deliver in Malaysia or risking the chances of
their children securing citizenship. This is because Malaysian citizenship laws do not grant
Malaysian women equal rights to confer citizenship by ‘operation of law’ on their overseas
born children.
A Malaysian woman was planning to give birth in Malaysia but travels were
restricted because of COVID-19. She did not have the choice to give birth in
Malaysia ,which she felt was a pity for her baby since Malaysian women are not
able to obtain automatic Malaysian citizenship for their own children. Her child
will most likely never be able to enjoy Malaysian citizenship.
In November 2020, some parents were allowed to submit applications for citizenship at
some of the Malaysian Missions overseas, without requiring them to return to
Malaysia.375 While this is a commendable effort, many parents were unable to register
their children or make applications for citizenship between the start of the MCO in March
until November 2020. While the children await the status of their citizenship application,
children who do not have access to the foreign parent’s citizenship will have a high risk
of being rendered stateless or remaining undocumented in a foreign country.
Malaysian women with non-citizen children overseas were also left in vulnerable and
uncertain situations, including the inability for them to return to Malaysia, even in the
event of gender-based violence, toxic marriage or a divorce.
A Malaysian woman chose to remain in Italy with her three year old daughter,
instead of repatriating to Malaysia although the COVID-19 situation was
escalating there. This was because of the uncertainty surrounding the legal
identity of her daughter - her daughter does not hold Malaysian citizenship as she
was born overseas but has an application that is currently pending. She says
staying in the foreign country provides more security for her child and herself, as


they are allowed to be there on a long term basis, unlike in Malaysia where her
non-Malaysian daughter can only get shorter term visas.
Additionally, Malaysian men who were stranded overseas were unable to register their
marriages to non-citizens, increasing the chances of their children being denied
citizenship due to illegitimacy as the child would be considered to be born out of a legally
recognised marriage.
For those who were allowed to enter Malaysia but who were unable to pay for the COVID-
19 screening test and the quarantine cost were subjected to a Not-To-Land (NTL) order
by the Immigration Department.376 In 2020, Family Frontiers estimated that the cost of
quarantine for a family of four was RM12,500.
A directive made on April 12 gave non-citizens on social visit passes that have expired
during the MCO, 10 days to leave the country or to remain with punitive consequences.
The Home Minister stated that those unable to do so could appeal with the Department
of Immigration, which would be determined on a case by case basis. However, anecdotal
evidence shows that some people were informed that no such special pass existed, or
only limited appointments were available with the Immigration Department. 377 Those
that attempted to leave were faced with other obstacles such as the lack of flights or the
COVID-19 situation in their home countries.378
Many binational families rely on social visit passes for their members who are not
Malaysian citizens and are often expected to perform what is called a ‘visa run’—leaving
the country and re-entering to apply for a new visa; this was the case for many non-citizen
spouses and children leaving binational families in precarious situations.
In addition to the unpredictable challenges that COVID-19 posed to the world, Malaysians
with foreign spouses and non-citizen children were faced with further barriers to their
family unity, health and safety. A commendable directive was made on the COVID-19
vaccination allowing all residents of the country, irregardless of citizenship, to be
vaccinated for free.
the Dewan Rakyat 14th Parliament.” Hansard 17 December 2020.
377 Nik Anis, Mazwin. “Expired social visitor pass holders who can't leave by April 21 can apply for special pass to extend
stay,
378 Mok, Opalyn. “As deadline to leave Malaysia ends tomorrow, foreigners with expired social visit passes scramble
to apply for extensions, get tied up in red tape.” Malay Mail 20 April 2021. News website.
<https://www.malaymail.com/news/malaysia/2021/04/20/as-deadline-to-leave-malaysia-ends-tomorrow-foreigners-
with-expired-social/1968061>

Recommendations for Accessing Malaysian Citizenship
The Government of Malaysia has an obligation to respect, protect and fulfill the rights of
women and children to non-discrimination and the enjoyment of equality. To do so, the
Government must uphold the rights of all Malaysian citizens to confer their nationality
onto their children regardless of gender, marital status, the child’s place of birth, and
adopted status. The rights to confer citizenship must respect Article 8(2) of the Federal
Constitution which prohibits discrimination against citizens on the basis of gender.
Right To Citizenship
(1) Amend Article 14(1)(b) of the Federal Constitution to ensure Malaysian mothers can
confer their citizenship by operation of law on an equal basis as Malaysian fathers
on their children born overseas.
(2) Repeal Section 17 of Part III of the Second Schedule of the Federal Constitution to
allow Malaysian fathers to confer their citizenship on an equal basis as Malaysian
mothers to children born outside of a legally recognized marriage.
(a) Recognize informal and traditional marriages for the purposes of children’s
birth registration to prevent consequences of being born outside a legally
recognized marriage.
(3) Amend Section 1 of the Second Schedule of the Federal Constitution to ensure that
adopted children can inherit citizenship from their adoptive Malaysian parent(s).
(4) Withdraw reservations to Article 9(2) of the Convention on the Elimination of All
Forms of Discrimination Against Women and Article 7 of the Convention on the
Rights of the Child.
Processing Of Citizenship, Permanent Residence and Visa Applications

(1) Develop a clear standard operating procedure that is made available on the
Department of Immigration and NRD website to enhance reliability and
transparency in the processing of citizenship and visa applications for non-citizen
children of Malaysians. This is to include a reasonable timeframe until a decision can
be expected and detailed procedures to appeal a decision.
(2) Provide reason(s) for rejection for all unsuccessful applications.
(3) Allocate resources necessary to process the backlog of applications within a

reasonable amount of time.

(4) Allow the submission of citizenship applications at Malaysian Missions Overseas,
including for those applying for their children over the age of one year old.
(5) Allow Malaysian marriage registration at Malaysian Missions Overseas for

Malaysian binational couples.
Right To Education
(1) Amend provisions under the Education Act 1996 that limit public schools to citizens
to allow all children in Malaysia equal access to basic education irregardless of
citizenship status. This is to include stateless children.
(i) Remove the two year limit on filing documentation or citizenship with NRD.
(2) Extend services such as the Textbook Loan Scheme, Supplementary Food
Programme and health programmes to all students irregardless of citizenship
status.
(3) Establish and uphold a standard operating procedure for student enrolment in
every school district across Malaysia.
Right To Healthcare
(1) Allow all children of Malaysian citizens, irregardless of citizenship status, to enjoy
healthcare services at the same rate as a citizen. This can be confirmed using the
IC of the Malaysian parent(s), birth certificate, or adoption documents.
(2) Provide healthcare services for undocumented or stateless children.
Prepared by:
Family Frontiers

#3: The right to be safe
Eliminating Violence Against Children: The Need for A

Comprehensive Response
Current Context
The Status Report on Child Rights in Malaysia 2019 (Status Report) paints a bleak picture
of issues in relation to domestic violence, child sexual abuse, corporal punishment, bullying
and harmful practices like female genital mutilation (FGM).379 While the existing legal
framework, mechanisms and procedures to address violence against children are
considered ‘fairly strong’,380 however critical gaps remain. A holistic child protection
system that incorporates “comprehensive and integrated measures” at all stages including
prevention, identification, reporting, referral, investigation, treatment, support and follow
up is required.381 Each child going through this system has a right to be recognised,
respected and protected as a rights holder.
The gaps and concerns identified below reflect systemic issues that require a commitment
to addressing underlying causes of violence against children and ensuring the measures in
place are appropriate and effective – that all children who need to access the system are
able to based on the guiding principles of non-discrimination, best interest of the child,
right to be heard and right to life, survival and development.382 The recommendations
below identify specific strategies to plug the gaps and strengthen existing systems and
frameworks.
Scope of the Government’s commitments to eliminating violence against children

The Government of Malaysia ratified the Convention on the Rights of the Child (CRC) in
1995, signifying a firm commitment to respect, protect and uphold the rights of the child.
Article 19 of the CRC demands that the government “take all appropriate legislative,
379 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 35 – 57.
381 Committee on the Rights of the Child, General Comment No.13 (2011), para 45; Convention on the Rights of the
Child, Article 19.2.

382 Child Rights International Network. Guiding Principles. Available at
https://archive.crin.org/en/home/rights/themes/general-principles.html

administrative, social and educational measures to protect the child” from all forms of
violence, abuse, neglect or exploitation. The government also has to ensure these
measures are implemented and effective at all levels - including state and district levels
and rural areas.383 For example, Child Interview Centres and D11 units of the Royal
Malaysian Police need to be available in every district.
The accountability of the government is to ensure every child, anywhere in the country, is
able to access services and support on an equal basis. The child protection system needs
to be applied without discrimination on the basis of age, sex, gender, ethnic group, socio-
economic status, disabilities, nationality, immigration or other status.384 The experiences
of children with disabilities, children whose families are refugees or migrants, children from
the indigenous populations (Orang Asal and Asli) and the additional vulnerabilities girls385
face as a result of sex and gender-based discrimination must be considered in the designing
and implementation of laws, policies and programmes.
At the last review of Malaysia’s report to the Committee on the Rights of the Child (CRC
Committee) in 2007, the CRC Committee highlighted the need for a “comprehensive
national strategy to prevent and respond” to violence against children as well as “adequate
measures and policies to contribute to changing attitudes and cultural practices”.386
Impact on violence against children

The Status Report presents data on the prevalence and seriousness of cases: in 2019, 4,512
child abuse cases were reported, 3,430 cases of child sexual abuse, which included 1,107
cases of rape and 1,096 cases under the Sexual Offences against Children Act 2017
(SOACA), according to the Royal Malaysian Police.387 73 per cent of women survivors
reported that their children were exposed to violence within the home.388 This could
further perpetuate intergenerational violence.389 A consultation with 35 children revealed
bullying by peers and teachers as having a negative effect on their studies and mental
health.390 The practice of female genital mutilation (FGM) in the country also continues to
raise concerns.391
383 Committee on the Rights of the Child, General Comment No.13 (2011), para 5.
384 Convention on the Rights of the Child, Article 2.
385 Committee on the Elimination of Discrimination against Women, Concluding observations on the combined third to
fifth periodic reports of Malaysia, 2018. Also see Joint General Recommendation No.31 of the Committee on the
Elimination of Discrimination against Women/ General Comment No. 18 of the Committee on the Rights of the Child on
harmful practices, CEDAW/C/GC/31-CRC/C/GC/18, 2014.
386 Committee on the Rights of the Child, Concluding Observations: Malaysia, 2007, para 58.
387 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 36 & 39.
389 Women’s Aid Organisation, Where’s the Child? The Rights of Child Domestic Violence Survivors, 2019, p 24.
391 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 50 -52.

The impact of such violence on the life and development of each child is devastating and
potentially long lasting. There is the cost of healthcare, enforcement and social support
services; there is also a non-monetary cost to the individual child, family, society and nation
as a whole. The disruption to the child’s education and well-being could have a profound
impact on the child’s future and ability to lead a healthy and productive life.
Critical Gaps in the Child Protection System
A child protection system that takes a child rights-based approach places the child at the
centre, not just as a survivor requiring assistance, but as an individual with human rights,
including the right to be free of violence. A comprehensive approach to child protection
includes protection from all form of violence and support for the child’s physical, mental,
psychological and social well-being to achieve the “optimal development” 392 for all
children.
The range of concerns highlighted in the Status Report reveal systemic issues in the
approach and implementation of the child protection system. The CRC Committee in its
General Comment 13 on the right of the existing child to freedom from all forms of
violence, stressed the need for governments to “overcome isolated, fragmented and
reactive initiatives to address child caregiving and protection which have had a limited
impact on the prevention and elimination of all forms of violence”.393 Further, a “holistic
approach” needs to be adopted based on the “overall perspective on securing children’s
rights to survival, dignity, well-being, health, development, participation and non-
discrimination – the fulfilment of which are threatened by violence”.394
Critical gaps are discussed in the following three areas:
Root causes of violence

(1) There is insufficient focus on targeting the root causes of violence. The strategy for
eliminating violence against children cannot be purely a reactive one – focused on
improving legal / punitive responses and support services. Creating a culture that
promotes “positive, non-violent, participatory methods of child-rearing”395 needs to be
a priority simultaneously with efforts to strengthen the legal framework and
procedures. A strategy that is purely reactive continues to work within the cycle of
violence.
393 Committee on the Rights of the Child, General Comment No.13 (2011), para 11(c).
394 Committee on the Rights of the Child, General Comment No.13 (2011), para 11(d).
395 Committee on the Rights of the Child, Concluding Observations: Malaysia, 2007, para 58(d).

(2) Understanding the root causes and being strategic in preventative efforts is critical.
Domestic violence within the home and all forms of gender-based violence are
products of patriarchal attitudes, unequal power relations and social norms that place
less value on women and children. Breaking such norms and values is crucial to
ensuring the cycle of violence does not continue into the next generation.
Child protection framework

(1) There remain gaps in the child protection framework. The government has put in place
six primary laws that address violence against children and which form the basis of the
child protection framework.396 However, laws alone are insufficient and an entire
ecosystem that includes appropriate and effective structures, mechanisms and
procedures for identification, reporting, referral, investigation, treatment and follow
up397 need to be in place.
(2) Insufficient training to identify risk factors and signs of mistreatment is an issue in the
area of prevention and intervention.398 This is especially so for marginalised groups of
children with little to no access to protect and support systems. It was discovered that
refugee children encounter higher rates of bullying and are also bullied by Malaysian
children.399 Training and sensitisation of key stakeholders is important to enable
targeted responses for prevention, intervention and support.
(3) Gaps in recognising certain forms of violence against children mean there is no legal
protection available. Corporal punishment is allowed in schools and certain
institutions400 although it has been deemed to be inconsistent with the requirement of
respect for the child’s dignity.401 A recent survey found that 73 per cent of parents
polled believe some level of physical punishment is necessary. 402
(4) Gaps in reporting processes create barriers to accessing redress or support. Protect
Save the Children (PSC) reported in 2017, that out of 54 cases of child sexual abuse, 28
child survivors did not report as they and their families revealed that the process was
too complicated and long.403 Other pertinent issues to underreporting included,
interviews not conducted in a safe and confidential space and not all children were
396 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 35. These are the Child Act 2001,
Domestic Violence Act 1994, Sexual Offences against Children Act 2017 (SOACA), Anti-Trafficking in Persons Act 2007,
The Evidence of Child Witness Act 2007 and the Penal Code.
397 Convention on the Rights of the Child, Article 19.2.
401 Committee on the Rights of the Child, Concluding Observations: Malaysia, 2007, para 78.
402 Annuar, A., Four in five Malaysian parents back physical punishment of children, Malay Mail, 7 July 2019.
https://www.malaymail.com/news/malaysia/2019/07/07/four-in-five-malaysian-parents-back-physical-punishment-of-
children/1769046

interviewed using child friendly approaches at a Child Interview Centre; the duration
between reporting and hospital check-up differed for each case; and for most no
explanation of the medical procedure or counselling was offered.404
(1) Referral systems / pathways to link child survivors or at risk, parents, educators and
care givers to timely protection and support need strengthening i.e. rescue efforts,
health, mental health/ psychosocial support, legal, justice, alternative care,
rehabilitation and reintegration to ensure services are available and accessible with
safety, confidentiality and data protection safeguards in place. The gaps in the referral
pathways are apparent especially in the rural areas and marginalised communities.
SWWS identified this critical gap for teachers in Sarawak facing difficulty in lodging
police reports and finding health clinics with experience in handling child sexual abuse.
Schools and teachers are primely positioned to detect cases of sexual and other
violence against children, and need those referral pathways to be in place and
functioning.
(5) Rigorous and child-sensitive investigation procedures need to be in place and

consistently applied. Child-sensitive procedures and facilities are still lacking in the
justice system, including when it comes to the investigation of sexual abuse and
domestic violence against children. Although Child Interview Centres have been
established in every state for the police to conduct child interviews in a child-friendly
manner, these facilities remain under-utilised as police SOPs do not require the
conducting of child interviews at such centres.405
(6) Lack of knowledge and awareness of the SOPs for child sexual abuse and exploitation
cases, result in children often being re-victimised. For example, multiple recounting of
the child’s history is conducted at hospitals and at the police stations, despite One Stop
Crisis Centre (OSCC) and Suspected Child Abused and Neglect guidelines and
procedures including and SOPs on domestic violence response. Many are either
ignorant of the SOPs, lack awareness on child rights and protection or view them as
theoretical.406
(7) Throughout the whole process there needs to be a support structure in place that
looks at the physical health and psychological well-being of the child, working towards
the child’s “recovery and social reintegration”. 407 This treatment needs to take place
in “an environment which fosters the health, self-respect and dignity of the child”.408

This includes medical, mental health, social and legal services and support, and longer
term follow up services for the child and the family as a whole.
The obligation here goes beyond merely ensuring these structures and services are in
place, but that they are available, accessible and effective for all children without any
barriers.
Data on violence against children

(1) The lack of systematic and consistent collection and analysis of data on violence
against children has a critical impact on understanding the scope of the issue as well as
monitoring the effectiveness of prevention and response outcomes.
(2) Without data, certain categories of children, and how they are affected by violence and
whether they can access child protection system and services in Malaysia, remain
invisible. The Status Report highlights the lack of adequate data at the national level,
especially for specific categories of children, including children from the refugee
communities, LGBTIQ+ and with disabilities. 409
(3) Without data, gaps in the legal framework remain undetected. For example, situations
where child survivors of domestic violence are not included in protection orders to be
issued under the Domestic Violence Act, because their mothers did not qualify for
protection under the law. 410
(4) Without data, there is no monitoring or feedback on programmes and services in place
to respond to violence against children. The system needs to be more robust;
transparent, integrated and continuously monitored for ways to perform better.
Recommendations for Eliminating Violence Against Children
The Status Report provides a detailed set of recommendations for each form of violence
against children discussed.411 The CRC Committee, in its Concluding Observations to
Malaysia in 2007 provided several key recommendations in relation to violence, abuse and
neglect, maltreatment of children412 of which the government is expected to report to the
CRC Committee on its implementation.
To respond to the underlying and systemic concerns raised above and in other resources,
the following recommendations are identified for immediate action:
409 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 37 and 69.
410 Women’s Aid Organisation, Where’s the Child? The Rights of Child Domestic Violence Survivors, 2019, p 62 and 129
411 Child Rights Coalition Malaysia, Status Report on Child Rights in Malaysia 2019, p 53 – 57.
412 Committee on the Rights of the Child, Concluding Observations: Malaysia, 2007, paras 58 & 59.

Root causes of violence
• Amplify prevention programmes to combat gender inequalities and unequal power

relations targeting girls, boys, women, and men from all communities including
mariginalised and rural to address the root causes of violence against children.
• Develop and avail awareness and targeted capacity building programmes and, IEC
materials that are age, gender, culturally and linguistically appropriate.
Child protection framework
• Thoroughly review current policies, laws, justice, and social care systems to identify
gaps to address policy change all forms of violence against children.
• Synergise and strengthen relevant laws in Malaysia to mainstream child rights and child
protection
• Improve existing structures, mechanisms, processes, and services to ensure effective
implementation and consistent application across the country for all children from all
communities.
• Develop of a comprehensive national strategy or national plan of action on child
protection that includes interagency prevention, risk mitigation and response
measures including an integrated child protection information and case management
system to tackle all forms of violence against children.
Resources
• Allocate adequate resources towards child protection prevention, risk mitigation and
response to ensure an effective, systematic and consistent national child protection
system and services and enabling non-discriminatory access for all children and families
from diverse vulnerable groups.
• Systematically assess the impact of those allocation.
Data
• Establish an interagency child protection information management and case

management system with strict child safeguards in place with relevant government
agencies, NGOs, organisations, educational institutions, private sectors, UN agencies,
national and international bodies.
• The interagency child protection information management system must include
consistent and systematic data collection and analysis of comprehensive
disaggregated data on all forms of violence against children to develop and solid
effective prevention, risk mitigation and responses to ensure all children are safe where
they live, learn and play.

Child participation and non-discrimination
• Ensure all children regardless of age, sex, gender, ethnicity, socio-economic status,
disabilities, nationality, immigration or other status can meaningfully engage and
consulted as rights holders through regular and institutionalised dialogues on all child
abuse, neglect and exploitation and participate in policy reforms, resource allocation
and mobilisation, design, implementation of prevention, risk mitigation and response
programmes nationwide.
• Institute a Child Parliament to promote the participation of children representing
diverse communities in decision making processes, law and policy reforms, resource
mobilization and other key issues affecting children. This committee needs to include
marginalized children – refugee, undocumented, migrant, stateless, Orang Asli and
children with disabilities and LGBTIQ children therefore special considerations and child
friendly communication need to be considered during engagements with them, i.e.,
child-friendly language, interpreters, sign language, special needs facilitators.
Establishment of Independent Children’s Commission
• The Child Commissioner to report directly to Parliament, with the powers to oversee,
regulate and supervise all agencies dealing with children—including refugee, asylum-
seeking, migrant, undocumented and stateless children, children with disabilities,
LGBTIQ children—to address all forms of violence affecting children; from abuse,
neglect, exploitation to child marriage, trafficking, arrest, detention and deportation
and to ensure all children have non-discriminatory access to citizenship, education,
justice and legal services, welfare services including case management and alternative
care, healthcare including mental health and comprehensive sexuality education and
services.
• The Child Commissioner should be accorded with authority to mainstream child rights
and child protection into multi-sectoral ministries, systems, and services. All ministries
to adopt and adhere to national and standardised child safeguarding and Protection
against Sexual Abuse and Exploitation policies and have these policies embedded in
their operational framework.
• The Children’s Commission to ensure that all issues pertaining to children in Malaysia
can be monitored, supervised, regulated, and enforced by one Commission, which is
answerable to Parliament. The Children’s Commission must have wider powers to
implement and enforce child protection policies. This can be done through the
establishment and mobilization of an inter-sectoral committee that includes
competent authorities, multi-sectoral NGOs, academicians and child protection experts
to formulate policies and monitor the implementation of the policies by all relevant
agencies at State and Federal levels, such as the Ministries of Women, Family and

Community Development, Health, Education, Home Affairs (i.e. Immigration, JPN, Anti-
trafficking) and Labour to protect and safeguard the rights of all children.
Prepared by:
Protect and Save the Children

#3: The right to be safe
Online Child Protection
Current Context
In the wake of Covid-19, Malaysia sees an alarming rise on the cases involving child sexual
abuse, especially online grooming and child pornography. This is largely contributed by the
widespread usage of smartphones and social media platforms among children. The MCMC
Internet User Survey 2020 indicates an increase in the number of children who use the
internet. As a result of the pandemic, the number of children accessing the internet has
increased by 155 percent in the last four years, and children are spending 500 percent more
time online than they were previously413. Additionally, according to a PJCC survey
conducted in May 2020, online usage increased nearly fourfold during the MCO414.
Increased Internet use among children and adolescents has resulted in an increase in
cyberbullying.
Cyberbullying, or bullying in a digital format, is becoming more prevalent now that bullies
can act anonymously without facing any real consequences. Cyberbullying does not occur
exclusively among teenagers; it also occurs when adults bully children. This is exacerbated
when teachers bully students on social media as well. According to a 2018 Global Advisor
Cyberbullying study, Malaysia is one of eight countries worldwide with the highest rate of
social media bullying at 71%, trailing only Peru (81%), Argentina (74%), and Mexico (73 per
cent). Additionally, the report noted that nearly half (47%) of Malaysian parents are aware
of a child in their community who has been a victim of cyberbullying, and approximately
one in four parents (23%) report that their own child has been a victim of cyberbullying415.
There was an increase in child pornography cases during the movement control order
(MCO) period. According to RMP, 45 cases were reported during the MCO's
implementation period (March 18, 2020–April 29, 2021), a 27-fold increase over the 18
cases reported prior to the MCO's implementation (from February 18, 2019, to March 17,
413 See: https://www.digi.com.my/about-us/media/press-releases/en/digi-celebrates-decade-long-commitment-safer-
internet
414 Source: Childline Foundation (2020).
415 Source: IPSOS (2018). See: https://www.ipsos.com/en-my/malaysian-and-global-views-cyberbullying.

2020). Child grooming without physical contact, that is, using words or demonstrating
obscene sexual acts to children in audio or visual form, increased by 24 cases, compared
to 53 prior to the MCO416. Additionally, the Malaysian Communications and Multimedia
Commission (MCMC) has received 120 complaints regarding child pornography content on
various platforms since 2018, amid concerns that the online shift triggered by the COVID-
19 pandemic is increasing minors' risk of exposure to pornography and sexually explicit
material, potentially leading to an increase in commercial exploitation of children417.
It is commendable that Malaysia has taken a progressive step in the protection of children
from sexual exploitation and abuse by enacting the Sexual Offences against Children Act
2017, a legislation which covers online child sexual exploitation, namely conducts related
to child sexual abuse/exploitation material and online grooming. However, critical gaps still
exist which contribute to the inefficiency of the whole child protection system, three of
which are identified below.
Critical Gaps in the Child Online Protection
In this position paper, three main critical gaps have been discussed followed by proposed
recommendations to go forward and strengthen the existing child protection system,
particularly online child sexual exploitation and abuse so that the system can protect every
child in Malaysia.
Child protection legal framework

Malaysia has taken steps to enact legislation on the protection of children from sexual
abuse and exploitation. SOACA 2017 is the legislation that covers offences such as child
pornography, the preparation of child porn and exploitation of children for child
pornography. Although SOACA 2017 covers the manifestations of “child pornography”
offences, there are gaps in the legislation in the protection of child sexual abuse and
exploitation.
The live-streaming of "child pornography" is not addressed in SOACA 2017. Children are
sexually abused online by someone who watches live streams of child pornography. The
internet service provider is not obliged to block, delete or report offensive content
involving child sexual abuse and exploitation. As a result, a large volume of child
pornography appeared on websites, giving many people the opportunity to express
416 Source: The Malay Mail (2021). See: https://www.malaymail.com/news/malaysia/2021/05/19/bukit-aman-sees-
spike-in-cases-involving-child-pornography-during-mco/1975453.
417 Source: The Star (2020). See: https://www.thestar.com.my/tech/tech-news/2020/11/11/mcmc-48-court-charges-
filed-over-misuse-of-social-media-including-child-porn

themselves. As a result, it is critical to consider including online child pornography in the
legal framework.
As stated in the article in MCMC official website, the Royal Malaysia Police (PDRM)
reported that Malaysia has close 20,000 IP addresses downloading and uploading visuals
and photographs of child pornography in South East Asia. Although the law provides it is
an offence for a Content Application Service Provider or other person using the service to
provide, produce, or solicit indecent, obscene, false, menacing, or offensive content with
the intent to annoy, abuse, threaten or harass any person, Section 211 of the
Communications and Multimedia Act 1998 does not cover the protection of children from
exploitation and abuse.
Data on child sexual abuse

There is insufficient data relating to child sexual exploitation and abuse when accessing
justice. The lack of systematic and consistent collection and analysis of data on violence
against children has a critical impact on understanding the scope of the issue as well as
monitoring the effectiveness of responses and outcomes. Lack of consistent and systematic
data leads to gaps in the legal framework to remain unidentified. This causes a critical
impact on understanding the scope of the problem in child sexual abuse as well as keeping
tracks of the effectiveness of responses and the outcomes.
Without a proper data, it will be impossible to keep track of the number of cases, the
severity of the child abuse issue in Malaysia and this makes the children remain
unprotected because they are invisible in the eye of the protection system. Apart from
that, the Status Report highlights the ineffective and insufficient data especially for specific
categories of children including from the refugee communities and children with
disabilities. Keeping this in mind, a data system is needed to categorise each cases based
on sex, age, type of abuse, age of abuser, relationship with the abuser, location, and other
relevant categories. The data should also include the number of cases which have been
reported but withdrawn at a later date. This data should be able to track the pattern of the
withdrawals and the causes of it.
Without this type of data with a specified categorization, the gaps in the legal framework
as discussed will remain as the issues and cases will not be able to be monitored and where
this leads to the other problems where experts will not be able to detect the root causes
of this, the expert will not be able to plan a solution as there is no data to refer at and this
eventually leads to a unsolved child sexual abuse problem to continue. The system and
these data needs to be transparent to everyone and being continuously monitored for
ways to perform better.

Additional co-operation and co-ordination are found in the partnership between the
Malaysian authorities and UNICEF. UNICEF Malaysia and the Malaysia Government
developed several projects whose aim is the protection of children in general. Their joint
expertise is essential for data collection, the production of situational reports as well as the
organisation of training, advocacy and the development of prevention campaigns (as
detailed in the section on Prevention). UNICEF Malaysia also plays a key role through its
cooperation with specific bodies. UNICEF was part of the multisectoral task force on sexual
crimes and was instrumental in the enactment of the Sexual Offences against Children Act
2017 and the accompanying standard operating procedures. However, due to a change in
government this task force has become inactive, although the act is still being implemented
under the Ministry of Women and Family Community Division.
Awareness and Education

Over the years, a number of campaigns have been implemented to raise awareness on
child sexual exploitation and abuse such as 2013 Child Online Protection campaign, which
saw more than 1000 events across Malaysia, inform and educate children and adults about
the safe use of the Internet and encourage responsible conduct when online; the 2016
‘#ReplyForAll-My Campaign’, whose objective is to ensure that the Internet is safe for
children, and the CyberSAFE initiative, established in 2013 and still ongoing. While it is
praiseworthy that we are in the right direction in terms of awareness-raising on child
abuse, in the wake of Covid-19, there is a strong necessity for more awareness on data
privacy and online sexual grooming among children, parents and guardians. Besides, our
government has also introduced child abuse awareness raising in the school’s curriculum.
Although our Ministry attempted to address and integrate refugee and undocumented
children into our education system, it is to be noted that they are not included in the
strategic plans of our Ministry and the plan specifically addressed to Malaysian children
only. There is also a lack of effective comprehensive sexuality education which prevents a
more open dialogue to occur which will lead to better prevention. Comprehensive sexuality
education is vital to be taught at school in order for children to learn bodily autonomy,
consent and healthy boundaries, to learn the differences between safe and unsafe touches
and on how to deal with sexual exploitation and bullying. It is undeniable that SOPs on
bullying exist in place. However, they are not well-known and easily accessible to the
public’s knowledge. In addition, teachers have not been trained on the implications of child
pornography on children. The cases on child pornography is alarming with children having
excessive access and usage to smartphones and social media platforms. These areas are
not included in MOE’s safe schools’ programme. Hence, there is a strong necessity to
implement clear SOPs and sufficient training to teachers in school to ensure effective
education and awareness.

Engagement of Private Sectors
Out of the Shadows Index illustrates that Malaysia received a score of 100/100 for the
technology industry involvement. For instance, the telecommunication company Digi
participates in the CyberSAFE Initiative is a great example to show the engagement of
private sectors in technology. Digi contributed largely to reach the children in schools and
inform them about the dangers of the misuse of the Internet. Not only that, a new
campaign was launched called Yellow Heart to promote responsible digital usage amongst
children. However, it is to be noted that not all private sectors are willing to come on board
in combating child sexual exploitation and abuse. With the pandemic, everything is digital
now. Lack of engagement from other companies causes all the financial burden to fall on
public bodies alone in combating child sexual exploitation and abuse. In addition, UN
Special Rapporteur on Trafficking in Persons, Especially Women and Children suggested
that initiatives to raise awareness on the issue of trafficking in persons could be increased
by involving more private companies. Thus far, only one Malaysian company has joined the
Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and
Tourism418.
Recommendations for Child Online Protection
Child protection legal framework

As mentioned earlier, SOACA 2017 does not address the live-streaming of “child
pornography”. It is suggested that this form of the issue be made a criminal offence in the
domestic legal framework. Policy change in mandatory reporting laws to include teachers
as they are an important stakeholder for child welfare as they are in close contact with
children when they are in school. As for now, it is still voluntary.
Children's identity must be looked upon seriously. Malaysia’s new law covers some of the
emerging manifestations of “child pornography” offences but does not address live-
streaming of “child pornography”. It is recommended that this new form of online child
sexual exploitation be explicitly criminalised in the domestic legal framework.
Cooperation between the authorities and national ISPs is another requirement for
effectively addressing the issue of internet "child pornography." Any incidence or suspect
of "child pornography" being hosted or distributed through ISP services must be reported
to the police, allowing national authorities to investigate and take appropriate action.
418 The Code (n.d.). Members – Malaysia, http://thecode.org/ourmembers/

Data on child sexual abuse
A push for a national data collection system is required. There should be one place to
collect or gather data - MCMC in charge of online. MCMC should ensure the existing
national data collection includes the collection and analysis of comprehensive various
types and forms of child sexual abuse cases. There should also be only one standardised
portal or system for this data collection which is available to all the responsible bodies and
authorities. As mentioned previously, this data should consist and be categorised into
different categories such as; age, relationship etc.
Apart from that, the key agencies such as PDRM, MCMC, and JKM should play an important
role by updating the cases in this system frequently. For example, most of the time a child
sexual abuse case goes to the PDRM, the PDRM members should be able to update the
cases onto the system immediately once the report has been made and also if the case has
been dropped or withdrawn, it should also be updated in the system. This data not only
form the basis of advocacy efforts, they also determine the extent to which stakeholders
are able to successfully plan, fund and implement prevention and intervention
programmes.
Awareness and Education

There is a need for more education and awareness. GoM is recommended to conduct more
awareness training on online child sexual exploitation and abuse which focuses on data
privacy and cyber grooming for children, in schools and in places dedicated to children,
parents and guardians. MOE’s safe school programme should also implement clear SOPs
on how to tackle all forms of bullying and to provide sufficient training to teachers for them
to address child pornography issues more effectively. Besides, it is also recommended to
encourage and empower children and youth to be participative in child rights advocacy
programmes or specific policies. This will create awareness among children to recognize
the root causes and multiple vulnerabilities that endanger them. Furthermore, it is
essential to promote child protective social norms through community development
projects, and the media, including social networks.
Engagement of Private Sectors

It is recommended to promote the Code of Conduct for the Protection of Children from
Sexual Exploitation in Travel and Tourism among companies in Malaysia. GoM should
conduct more talks and training on online sexual exploitation and abuse and its close link
to the Travel and Tourism to the companies in Malaysia to give them a better
understanding on the implications. As a long term strategy, the Government is also
recommended to implement more preventive measures which focus on the engagement
of the private sector, particularly targeting travel and tourism. The financial burden at the

moment is solely on public bodies. With more engagement from the private sector, child
protection in Malaysia will be more strengthened.
Research and Development

There is a need for the academician and researcher in Malaysia to increase research in
technical matter for online protection, for example, the implementation of the end to end
encryption to prevent circulation of the sexual images, thus provide a technological shield
against violations of their right to privacy and freedom of expression.
Encryption is critical for any democratic and rights-respecting state to protect its citizens,
particularly children who are gaining increasing access to digital communication platforms.
Encryption scrambles data in such a way that it cannot be read unless the recipient has the
corresponding key to decrypt it. Encryption is critical for ensuring the safety of children.
Children’s digital devices and communications contain personal information that, if
compromised, could jeopardise their privacy and safety. This includes information about a
child's current and previous locations, as well as the routes they take to and from school
and where they spend their free time. It is likely to include their home address and the
contact information for people they know, which could be used to impersonate someone
close to the child by a perpetrator. Children's digital communications consist of a record of
calls, texts, web searches, and images. This information is private and potentially sensitive
and could be used for threats or blackmail.419
Prepared by:
Childline Foundation
419 Kardefelt-Winther, D., Day, E., Berman, G., Witting, S.K., and Bose, A., on behalf of UNICEF’s cross divisional task
force on child online protection (2020). Encryption, Privacy and Children’s Right to Protection from Harm. Innocenti
Working Paper 2020-14. Florence: UNICEF Office of Research Innocenti.

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CHILD RIGHTS

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Additionally, we would like to express our gratitude to Dr Amelia Alias (Childline

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Adopting a Child Rights-Based Approach in Malaysia Education

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Critical Gaps in the Education System in Malaysia

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30 October 2020. https://www.malaymail.com/news/malaysia/2020/10/30/poor-kl-students-dropping-out-of-school-

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Quality of Education (content)

17 Amar-Singh, et.al., Inclusive education experiences of parents in Malaysia, 2018, p 2.

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(c) Expanding the content of education to recognise the importance of balancing

fifth periodic reports of Malaysia, 2018, para 36(c).

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Recommendations for Education System in Malaysia

Ensure access to education

Remove bureaucratic barriers

Provision for financial and other support

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Introduce sexual health and rights education

Include human rights and dignity in the education system

Broaden the syllabus to incorporate all aspects of a child’s growth

Enhance teacher training programmes

Review the School Safety Policy

Protect and Save Children

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Early Childhood Care and Education System

Promoting child development through parenting promotes excellent rates of children

Education in Malaysia is an ongoing effort towards further developing the potential of

Future of Children. doi.10.2307/1602366

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(ii) Taman Didikan Kanak-Kanak (TADIKA) or kindergartens for children ages 4 to 6

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Critical Gaps in the Early Childhood Care and Education System

Issues related to Quality Standards

Lack of knowledge on child development

40 Convention on the Rights of the Child (1989).

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Issue of Quality, Affordability and Access

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Recommendations for Early Childhood Care and Education System

46 Status Report on Child Rights in Malaysia 2019.

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Persatuan Pengasuh Berdaftar Malaysia (PPBM)

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Child Health Situation in Malaysia

Attention must be given to knowledge management of health providers and ensuring

Critical Gaps in Child Health Situation in Malaysia

UNDER 5 MORTALITY - Neonatal and Toddler Mortality Rates

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Figure 1: Neonatal, Infant and Under 5 Mortality Rates, Malaysia

Figure 2: Cause of Under-5 Deaths (ICD 10) 2014 – 2016

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Figure 3: Top Three Causes of Death According to Age Group, 2016