A/HRC/44/40/Add.1
make up the majority of graduates, they are paid 23.3 per cent lower than their male
counterparts.112
72.
One women’s rights organization said that there were inadequate shelter alternatives
and no clear financial or housing assistance for survivors of domestic violence, so the
majority of women, often with their children, end up returning to abusive situations to
avoid homelessness. Users of crisis shelters are generally unable to access divorce because
of the cost of litigation, while proceeding without a lawyer would require undergoing a
mandatory reconciliation process alongside their abuser.
73.
Lesbian, gay, bisexual, transgender, queer and intersex people are overrepresented
among people in poverty as a result of persistent stigmatization and discrimination.
Research in Selangor and Kuala Lumpur shows that transgender people face considerable
challenges in accessing basic services such as health care and education, and experience
employment discrimination that could have long-term socioeconomic implications.113
Refugees
74.
Malaysia ensures that refugees and asylum seekers exist in extremely precarious
conditions that all but guarantee they will fall into poverty. The Office of the United
Nations High Commissioner for Refugees (UNHCR) registers refugees, but that does not
give them legal status in the country and they are typically unable to work, travel or enrol in
government schools.114 They must generally resort to the informal sector for both work and
education.115 According to UNHCR, only 40 per cent of school-age refugees and asylum
seekers are enrolled in informal learning centres, from which, in any event, they do not
receive certificates. There is little opportunity for refugee children to access secondary
education and only a handful of refugees gain entry to universities. The lack of status or
work authorization places refugees at risk of arrest and according to UNHCR, 3,539
persons of concern were detained in 2018 and 103 children were detained between January
and June 2019.
75.
Barring refugees from work or public education creates immense hardship for
families that should be under the country’s protection and robs the country of their
economic contribution. The Special Rapporteur is encouraged that the Government is
considering permitting refugees to work in certain sectors. One think tank found that
granting refugees the right to work would have a positive impact on the economy and
public finances by increasing their contribution to GDP to more than RM 3 billion (US$
737 million) over five years, creating 4,000 new jobs for Malaysians and bringing in RM 50
million (US$ 12 million) in taxes each year by 2024. Granting education to refugees on a
par with Malaysians could increase their contribution to GDP to RM 6.5 billion (US$ 1.59
billion) by 2040, with annual tax revenues of RM 250 million (US$ 61 million).116
Stateless people
76.
The Government claims not to collect data on statelessness and there are no reliable
statistics on the total number of stateless persons in Malaysia. Stateless people are generally
unable to access health care, education or formal work.117 The exclusion of undocumented
and stateless families from a wide range of social services elevates their risk of living in
poverty, while their absence from official data sets makes the extent of their vulnerability
almost impossible to assess.118
77.
Malaysia makes obtaining citizenship exceptionally difficult for those in any sort of
unusual situation, including even children born to Malaysian parents. A child must have a
112
113
114
115
116
117
118
16
Khazanah Research Institute, The State of Households 2018, pp. 108–110.
National Human Rights Commission of Malaysia, Annual Report 2018, p. 137.
Human Rights Watch, World Report 2019, p. 368.
UNHCR, “Education in Malaysia”; email from UNHCR to the Special Rapporteur.
Laurence Todd, Adli Amirullah, and Wan Ya Shin, “The economic impact of granting refugees in
Malaysia the right to work,” Institute for Democracy and Economic Affairs (April 2019), p. 3.
UNHCR, “Ending statelessness in Malaysia”.
Submission by UNICEF Malaysia, p. 1.
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