The living conditions for refugees in Malaysia remain unjust and inhumane, despite the nation’s perceived generosity of accepting refugees from many vulnerable, war-torn, and unstable countries. 175,000 refugees and asylum seekers have been documented in 2019 with children forming 25% of the refugee population. Data from 2018 indicates that 152,400 refugees were documented in Malaysia.

The number of undocumented adult refugees, let alone children, remains uncertain. Child refugees are not granted the right to attend government schools but permitted a basic education in refugee centres. However, the effectiveness and quality of this education appears to be sub-standard. According to the office of the United Nations High Commissioner for Refugees (UNHCR), Selangor, Kuala Lumpur, Pulau Pinang, Johor, and Kedah are states with the highest numbers of refugees in Malaysia; a cumulative amount of 178,100 refugees, some of which are asylum-seekers, with 26.2% of the documented refugees within the respective states classified as children.

CASH BASED INTERVENTIONS

Refugees often have limited access to fundamental human rights; such as the rights to healthcare, education, and work. The UNHCR has used protective measures such as Cash Based Interventions (CBI) to assist refugees and provide access to basic amenities. CBI typically targets refugees whose household income falls beneath the poverty line. Many of Malaysia's approximately 178,000 documented refugees fall into this category and are subsequently vulnerable to serious health issues. Many are additionally illiterate and possess an inadequate education to enter the workforce.

CBI is a cash-based project that is categorised by the European Commission Humanitarian Aid and Civil Protection Department (ECHO) under Enhanced Response Capacity (ERC), that is to say its objective is to enhance the capacity and efficiency of the international humanitarian system. Other countries such as Turkey and Zambia also receive financial aid through CBI however refugees in Malaysia often receive a far more restrictive CBI in comparison due Malaysia’s complicated relationship with the United Nations. Refugees in Malaysia are still not permitted access to many fundamental rights despite being authorised refugees by the United Nations.

CBI’s objectives lie in economic investments to aid refugees however the extent of responsibility and protection supplied is insufficient given that refugees in Malaysia are still heavily deprived of basic rights and amenities. Upon analysing UNHCR’s Guide For Protection in Cash Based Interactions, it can be seen that CBI’s purpose is that it aims to “reduce risk” and “enhance benefits”. The Guide outlines that improved community relations is required to create harmony and tolerance towards diverse groups of refugees regardless of ethnic background, nationality, sexual orientation, gender identity, ability, health, social status, skill, and other specific personal characteristics.

The Guide does not 1) clearly state whether or not religion is included in this assessment, which  may be interpreted as discriminatory, although this may arguably form part of “other specific personal characteristics” and 2) provide sufficient information regarding the effectiveness of its safety measures. Both factors arguably contradict bare minimum human rights standards and imply that “diversity” in this context may be heavily limited and subjective. The UNHCR has not provided credible information and sufficient evidence to justify its CBI funding and aid decisions towards refugees in Malaysia. A feedback mechanism was established to ensure that refugees are receiving sufficient aid however this is yet to yield tangible results.

EDUCATION

Personal accounts of refugee aid volunteers in Malaysia indicate that education for refugees is not easily accessible and lacks sufficient resources and dedicated teachers. NGO-run educational centres are yet to manifest promising outcomes. Students have reportedly dropped out of school due to neglect by uncertified and under-qualified educators.

Unfortunately, child refugees in Malaysia are also vulnerable to sexual abuse in educational settings. This was revealed in an eight week project designed to raise awareness of child sexual abuse. A volunteer named Rhea Shivan mentioned that the educational centre she contributed to received many alarming accounts of sexual abuse by members at the respective centre (feedback and responses were reported after every session). The victims were either the children who reported or their sibling(s)/friend(s).

There are insufficient protections, legal avenues, and policy frameworks to adequately provide access to education for refugees in Malaysia. The state has not accepted any reform derived from the 1951 Refugee Convention or 1967 Protocol or Relevant Statelessness Conventions which indicates a lack of genuine interest in aiding refugees, who remain “illegal” in Malaysia; perceived as illegitimate or stateless individuals who are not permitted rights to education or lawful work. The consequences of this are that many refugees resort to illegal and informal occupations for prolonged working hours, receiving a minimal to zero wage, resulting in a form of “slave labour” in Malaysia.

In order to ameliorate the rights of refugees, especially child refugees, in Malaysia, instilling sexual abuse protection, citizenship rights, and proper, certified education opportunities with qualified teachers is paramount. Malaysia and the UNHCR are urged to take serious action by establishing a new policy for refugees, monitoring its progress and receiving and implementing feedback from refugees whose living conditions, education, and health are affected, through the provision of interactive opportunities that enable network building and forums for refugees to advocate for their communities. 

CONCLUSION

Child refugees in Malaysia are vulnerable towards a variety of issues including; child marriage, poverty, diseases and illnesses, illiteracy, and inadequate formal, and social, education. Documenting refugees should be a liberating and empowering experience that promises the individual a safer environment with basic human rights - and not uncertainty nor the possibility of  exploitation, abuse, or harm.  Despite Malaysia’s perceived generosity, its refugees are not protected or granted sufficient access to many fundamental human rights and continue to suffer.

Thea was an educator with a Diploma in Early Childhood Education. She now pursues a degree in International Relations in hopes to expand her horizons as an advocate for children.