Undocumented And Prevented From Attending School - Stateless Children In Malaysia

Saturday, 26 October 2024, 7:31 pm
Article: RNZ

Samantha Mythen

"Education is so important for every single child," says a New Zealand woman who calls Malaysia home.

"No exceptions."

For the last 15 years, Dr Kathryn Rivai has been on a mission to ensure all children in Malaysia can access basic education.

Because in Malaysia, there are exceptions.

"Our government only supports Malaysian ethnicity or Malaysian children that have documents," said Rivai, who lives in Kota Kinabalu, East Malaysia.

Those who are undocumented or stateless are not allowed to attend school.

"It's different from other countries like New Zealand," Rivai said.

"If you live in New Zealand, you have to go to school. But not here."

Under international law, a stateless person is someone who does not have citizenship in any country.

No documents, no rights

Rivai has set up 14 "schools", called Etania Schools in Sabah state for these children, ranging from ages 5 to 18. About 1000 attend each year

But there were likely hundreds of thousands of stateless children in the whole of Malaysia, she said.

As they are undocumented, there are no official numbers. But Rivai said there could be up to one million stateless people just in Sabah.

They're little kids who would otherwise be out on the humid streets, selling cigarettes or candy, she said.

Those in Sabah were originally from neighbouring Indonesia and the Philippines.

Civil War in the Philippines sent a rush of people to Sabah seeking safety in the 1970s and 80s. Most of those from Indonesia came in the hope of jobs and better pay.

But as illegal migrants, they were undocumented in Malaysia. Because of this, they and their children who lack birth certificates could quickly become stateless.

Without any rights to work or attend school, they are forced to live under the radar.

"Their life is very tough, and people often point the finger at them as being troublemakers in society," Rivai said.

Etania Schools, education for all

Her schools are a collaborative effort, but it had not always been this way.

When Rivai started this work in 2009, there were only a few schools for undocumented children in Sabah.

"I decided that we had to provide schools for the children. I didn't ask anyone. I just did it," she said.

"But fortunately, because no one knew about us, no one bothered us."

She eventually applied for a Registry of Societies certification, in an attempt to make the schools more official.

However, her schools had still not been legally recognised under the Malaysian education system. Rivai said that as the children were undocumented they could also still be arrested at any time.

There are now many NGOs involved in the education effort, with a coalition of groups in Sabah offering teacher training.

"All of these things were non-existent in 2009. I had no one to talk to about the pitfalls," Rivai said.

"It was learning the hard way."

Rivai was decorated with the prestigious Malaysian Merdeka Award earlier this year for her work with Etania schools.

Growing up in a kampung (village), Etania teacher Norsiya Amil said there were many undocumented people in their community. She remembered at age 12 asking her dad why they did not go to school.

"I also wanted to stay at home and play games all day long," she said. "But my father explained that they don't have the opportunity to go to school."

She started inviting some of the local children to their home and teaching them numbers and the alphabet. However, the school was eventually shut down.

"The education department in some areas is not too supportive. That's using a nice word," said Rivai.

Amil said the job was not easy.

"But I keep reminding myself why I started, because these children are precious. They need someone to be with them, to love them, to care for them," she said.

"If I stop now, what will happen to them in the future?"

Even today, there is no policy from the Malaysian education department guiding the schools.

"We all meet together and do what's best for the children in our area," Amil said.

They set their own curriculum, taking "bits and pieces" of whatever is beneficial to the children.

"We're trying to make this child feel they're a part of society. That they're worthy of having a job and worthy of supporting their family," Rivai said.

"Because after they leave school they're very well-behaved citizens. They care about their society."

Children that are regarded as the 'dregs of society'

Rivai said the biggest challenge was stigmatisation by the public.

"I really hate it when people talk about our kids negatively, and they use terrible words to describe them," she said.

"They regard them as the dregs of society."

But the public's perception toward these families was difficult to change.

"And right up to the very top, the politicians, chairmans of organisations, highly respected people in society treat our children like dirt," Rivai said.

It was incredible that anyone could call bright-eyed, curious children 'dirt', she said. The children were "really good in school, because they have nowhere else to go".

They get to play and learn, and importantly build self-respect and dignity, "because they don't get that in public," Rivai said.

"No one respects them."

Once they finish school, however, their future opportunities remained limited.

Without documents, they could not attend university.

"So it comes back to us and the coalition to try and do something."

Life after school

There was always the question: "What do we do with the kids when they graduate?"

Some were trained to be teachers, staying at the schools that taught them. But most children's dreams were curbed by laws and society.

"If a child comes and says to me 'I want to become a taxi driver', I have to tell them it's impossible because they can never get a license. They can't open bank accounts.

"I don't want to put down their dreams, but at this time in history, it's not reality.

"I tell them: whatever you choose, you will be the very best in that field. But I know in my heart that's not telling the truth. Because that child has to know that they have to choose a career that they can achieve."

Etania's next project is aimed at starting a skills centre, teaching the older students skills that could lead to jobs they could do "under the radar", like setting up a sewing business or working with fixing electronics or baking.

"This is the first step," Rivai said.

"And then who knows, in 10 years, we will start a university ourselves. That's a definite."

Local university students already often visit the schools to help out.

"I see a huge potential in the university students we meet. Like a glow for humanity," said Rivai.

"They have this sense of 'we are one' and we must help each other."

They would become the country's leaders in the future, said Rivai, and then things would change at the top.

"I know they will, because you can't exist like this. It's inhuman."

RNZ contacted the High Commission of Malaysia for comment, but is yet to get a response on this story.

* Samantha Mythen travelled to Malaysia supported by the Asia New Zealand Foundation.

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