Context One of the key principles of the Agenda 2030 and the Sustainable Development Goals (SDGs) is to leave no one behind and to reach those furthest behind first. This project is therefore, aimed at better understanding the profile and issues faced by the significant number of people living in Sabah today, who do not have documentation and lack access to basic services such as health and education, and to make recommendations to address this complex issue and in this way, accelerate Malaysia’s attainment of the SDGs. Poverty reduction strategies in Sabah have met with success, having been a significant recipient of investments in infrastructure and social interventions over the years. The incidence of poverty in Sabah reduced from 23.4% in 1999 to 4% in 2014, and 2.9% in 2017 (DOSM (October 2017). Report of Household Income and Basic Amenities Survey 2016. https://www.dosm.gov.my/v1/index.php?r=column/pdfPrev&id=RUZ5REwveU1ra1hGL21JWVlPRmU2Zz09). Despite this achievement, Sabah remains the state with the highest level of poverty in Malaysia. Over the last 40 years, the population of Sabah has increased from 698,000 in 1970 to 3.2 million in 2010 (Economic Planning Unit. Official Website of Economic Planning Unit, Prime Minister’s Department. Available from http://www.epu.gov.my/en/content/12-bilangan-penduduk-mengikut-negeri. Accessed 10th October, 2017.). Interestingly, the greatest increase seems to have occurred between the years of 1970 and 1990, roughly coinciding with the period of armed conflict in the Southern Philippines and the arrival of refugee and migrant populations. In the last 20-year period alone, the population of Sabah increased from 698,000 to 1.79 million people. According to census estimates, indigenous groups currently comprise 61.2% of the total population of Sabah, while migrant workers total 889,779 people, or 27.7% of the population. In relation to education, it is estimated that only 2% of undocumented children have access to the few alternative learning centres established by NGOs and run by the community themselves. Even if schooling is provided, it is often only until Year Six. Many undocumented minors who are unable to access educational services have been described as surviving as street children, who grow up illiterate. Access to public healthcare e.g. immunizations and sexual and reproductive health services for the undocumented are also limited (http://www.ums.edu.my/fpsk/images/Journal/J.2016/2.9.pdf) . This vulnerable population also faces the threat of detention and deportation back to their country of origin. And when deported, it apparently does not take long before they to return to Sabah. Detainees in immigration centres in Sabah are currently estimated at 3,200 people. (Geraldine A. (21 September 2017). Immigration Dept carries out 1,003 operations, nabs 13,601 illegals nationwide since Jan. News Straits Times. Retrieved from https://www.nst.com.my/news/nation/2017/09/282452/immigration-dept-carries-out-1003-operations-nabs-13601-illegals) In the thriving economy of Sabah, there are work opportunities in the informal sectors (mainly in construction and plantation sector) and hence, undocumented immigrants can generally find work, though work is scarce on the East Coast, which has not seen as much economic development. However, undocumented populations from the Southern Philippines seem to remain a shadow society, living in parallel to the formal institutions, with no access to state services as a social safety net against extreme vulnerability. The situation is compounded by the negative stereotypes associated with the immigrant population who are blamed for the rise in crime rate, for taking away jobs from locals and for environmental pollution. A whole generation of hundreds of thousands of uneducated children with only unskilled work opportunities in the future will only exacerbate the situation. With no access to education, health and formal employment, these communities continue to live in the shadow economy, with the most marginalised of these undocumented groups only becoming more vulnerable and excluded. The 2013 incursion in Lahad Datu and clashes with the security forces adds a security dimension to the problem. And with the reported strengthening of the Abu Sayyaf group in Southern Philippines, these areas are under threat of potential influence by militant and armed groups with extreme ideologies/terrorist activities. Despite significantly lacking information and data on undocumented persons and communities in Sabah, the Government of Malaysia recognizes the opportunities from the contributions of these populations to the economic growth of Malaysia. A significant proportion of the undocumented population could also be indigenous peoples of Sabah. In view of this, United Nations Country Team (UNCT) has obtained the approval of the Sabah Government in July 2018 to conduct a joint mapping and profiling study on the socio-economic status of undocumented persons and communities in Sabah, together with the federal and state authorities. This study is expected to provide the necessary data and evidence-base for decision making and foundation for recommendations and policy planning through consultations with relevant stakeholders, especially with the affected and vulnerable populations themselves and a consulting team from the Universiti Malaysia Sabah (UMS) has been appointed to undertake the Study. Focus Population The 2010 Malaysian Population and Housing Census summarises the demographic characteristics of Sabah as being comprised of 61.3% Bumiputera (consisting of 5.7% Malays, 17.8% Kadazan/Dusun, 14% Bajau, 3.2% Murut, and 20.6% of other Bumiputera including Suluk population) and 27.7% non-citizens. The Chinese, Indians and other non-Bumiputera population are estimated at 11%. However, data gaps remain because while the census has captured those who are non-citizens, it does not expressly state whether people responding to the survey and who self-identify as Bumiputera, actually have the necessary documentation to confirm their status. The current census data does not seem to be able to quantify the number of undocumented persons, and other means are utilized to estimate this marginalised group. There are four distinct groups of people in Sabah, who could be associated as undocumented persons that could be grouped as follows, but which this Study would need to analyse and profile more accurately: - Citizens who are undocumented e.g. indigenous Sabahans who are considered citizens by definition in the Federal Constitution but who lack documentary evidence for their claim to citizenship. Due to their remote location, they face challenges in accessing services. However, once in contact with authorities, it is technically possible for them to register. The government has experimented with mobile registration units to further assist these populations. However, there continue to be challenges in proving birth circumstances or ancestry, particularly for families that have remained undocumented over generations.
- Former Filipino refugees and migrants from the Southern Philippines who entered Sabah and Labuan in two waves. The first coinciding with the conflict in Mindanao between 1972 and 1984, and more recently, economic migrants. The precise number of Southern Filipino refugees and migrants currently inhabiting Sabah is unknown, although some estimates assume at least 80,000 people who have settled here over the last 40 years. The entry of Filipino refugees in the 1970s was followed by an accelerated inflow of “irregular” economic migrants since the 1980s. Permission to stay for the refugees was originally granted on humanitarian grounds in the form of the IMM13 visa, which is renewable on a yearly basis. This group is among the most populous and carry with them specific challenges such as in obtaining valid work or residency permits. UNHCR had provided assistance to help manage the refugee population between 1976 and 1987.
- The Bajau Laut, who live a nomadic life at sea as subsistence fishermen, and lack the necessary documentation to proof their citizenship status due to their high mobility. They speak a distinct dialect and are easily distinguished from the other groups. Referred to as “nomads of the sea”, they are discriminated by mainland populations across the archipelago, including in Sabah and the Southern Philippines. Due to this and their nomadic lifestyle, they are a vulnerable undocumented / at risk of stateless population but data concerning their numbers remain a broad estimate ranging from 40,000 people to a few hundred thousand.
- Others who are undocumented such as those who do not have proper birth registration, including children of migrant workers. While birth registration in Malaysia is not dependent on nationality of either parent, children of migrants hailing from Indonesia or the Philippines may be undocumented. All children irrespective of the nationality of parents, if born in Malaysia can be registered and would obtain Malaysian nationality based on the law (Births and Deaths Registration Act), on the condition that the parents are married and at least one parent is Malaysian. If the parents are unmarried, then based on the current interpretation of the law, the child will inherit Malaysian citizenship only if the mother is Malaysian.
Objectives of the Project The objectives of this project, to be jointly undertaken by the UNCT and the Malaysian Government, is to conduct a scoping and mapping study (hereinafter referred to as “Study”) to: 1) Understand the scale of issues and assess the risks of economic and social cost of inaction, including through foresighting exercises. 2) Conduct a comprehensive assessment of the socio-economic parameters of the undocumented persons in Sabah through a combination of qualitative and quantitative efforts to provide a basis for policy and decision making to address the issue from a human development view in line with international standards and the leaving no one behind lens of the SDGs. 3) Identify and more accurately define the profiles of the communities and individuals and their interlinkages with broader socio-economic and development issues in the state. 4) Profile the undocumented population in terms of livelihoods, access to basic services, patriarchal structures, law enforcement within the communities, external influences, stigmas and other pertinent issues; 5) Develop sufficient data and evidence-base by compiling existing data and literature on the subject matter as well as through appropriate and innovative data collection and analysis, efficient data collection methodology (including through innovative means, surveys, big data analytics); determining data parameters, availability and sources; and develop recommendations to strengthen census of the undocumented population; 6) Identify the challenges, bottlenecks and root causes as well as possible solutions including by alternative service providers in consultation with the relevant agencies and departments of government at the state and federal levels; through assessment of available literature on the matter, and through workshops and dialogues utilizing innovative ideation, system design and other appropriate tools; 7) Develop a set of recommendations to address the issues relating to the undocumented population, including administrative and other barriers and issues faced by these vulnerable groups; analyze the cost of inaction, loss of development opportunities, and long-term risks using foresighting and othertools - in line with the goals and targets of the Agenda 2030 and SDGs, taking into account international standards ad best practices of other countries. It is however envisaged that the objectives may be further refined after more in-depth discussions with Government and the UNCT. Throughout the period of conducting research and after findings and data have gathered, engage in discussions with Government, the UNCT and other stakeholders on the next steps, including any recommendations or potential plans of action or solutions for the beneficiary population.
|
