In 2021, UNICEF Malaysia commissioned a study looking to understand the gaps and challenges to birth registration of children affected by migration in Peninsular Malaysia, taking into account social concerns such as marital status, age, gender, and disability.  The study was led by Anthrologica in partnership with Diode Consultancy.  Diode co-developed the inception report and research tools, coordinated the in-country data collection and research teams, provided technical input at all stages of the research and analysis, and reviewed the final report and policy brief. 

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Why this study? 

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Malaysia is the 6th highest migrant-receiving country in East Asia and hosts the highest number of refugees and asylum seekers in Southeast Asia. The risk of non-registration and lack of birth certificate is known to be high among children who are marginalized and who live in difficult circumstances, particularly children of undocumented/irregular migrants, asylum- seekers and refugees, some of whom may also be stateless. There is a gap in knowledge and understanding of the challenges with birth registration faced by different groups of children affected by migration who were born in Peninsular Malaysia. There is a need to identify and assess gaps in the existing legal and policy framework for birth registration of children affected by migration in Peninsular Malaysia and ways in which this can be strengthened.

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What does the research aim to do?

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​The study aims to understand the gaps and challenges related to the birth registration of children affected by migration in Malaysia, with a focus on Peninsular Malaysia. It investigates the links between birth registration and children’s access to legal identity, rights and protection, identifies the groups affected and explores barriers.

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How was data collected and analyzed?

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The study used mixed methods, collecting primary quantitative data through a Knowledge, Attitudes and Practices (KAP) survey, and qualitative data through interviews and focus group discussions (FGDs) with  key participant groups. Data collection was conducted in several states in Peninsular Malaysia - Penang, Kedah, Selangor, Kuala Lumpur, Johor and Terengganu. Data was collected between March and July 2022. 

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In total 487 participants were included in the study: 102 participants were engaged in the qualitative research and 385 respondents in the KAP survey. The survey was conducted with parents and caregivers of children under five from refugee and migrant communities. Interviews and FGDs were conducted with key stakeholders - representatives of government ministries, international organizations and embassies, service providers, community-based representatives, and parents and caregivers from migrant and refugee communities who were caring for children under the age of 5. At the conclusion of the in-country data collection, key findings were presented at two roundtable workshops - with community representatives and community-based organizations (CBOs) and with government and civil society organizations (CSO)s. These workshops validated findings and co-created recommendations.

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The qualitative data gathered through FGDs and key informant interviews were coded and analyzed using thematic analysis. The quantitative data were analyzed using SPSS software. Using a mixed-methods approach, the full data analysis integrated the qualitative and quantitative analysis where findings in one data set were purposively explored in the other.
 

What are some conclusions and recommendations from the Project? 

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The following are some key conclusions and recommendations following data analysis: 

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1. Factors that impact the decision to register a child’s birth - Knowledge and awareness of birth registration, perceived importance of birth registration, utility of birth  registration, access to services (such as school, healthcare, identity) as an influencing factor, Socio-cultural considerations (such as gender of the parent, religious practices around registration of marriages, cultural beliefs around home births), and structural factors (such as the MoH Circular 10 and the policy prohibiting marriage for migrants).

2. Challenges in taking action to register - Pervasive fear of arrest and detention, documentation requirements, access and transport challenges, financial constraints, the impact of COVID-19, and limited mobile registration outreach services.

3. Barriers to completing registration at the point of service - Negative point of service experiences, lack of client centric care, inconsistent procedures and processes, lack of access to help to understand documentation, human and institutional resources, time invested in birth registration, cost, impact of COVID-19 on service delivery, availability of services for children with disabilities.  

4. In the qualitative data, the strong links between the Immigration Department and the National Registration Department, both housed under the Ministry of Home Affairs, was found to deter migrant and refugee parents from registering  a birth for fear that the NRD could report parents to the Immigration Department if data was shared across agencies. 

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Several recommendations are made in line with these findings:

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1. Streamline bureaucratic structures and make the process of birth registration accessible, clear and consistent

2. Mitigate fears and perceived risks  associated with birth registration

3. Address gaps in knowledge and awareness through communication strategies tailored to populations

 

Policy recommendations for immediate action:

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1. Standardize the registration process and make clear documentation requirements.

2. Remove documentation requirements that prevent universal birth registration.

3. Facilitate safe spaces for birth registration.

4. Increase efficiency and minimize hidden costs.

5. Strengthen links to the health sector and remove prohibitive policies.​

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Published Report

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The full study report, desk review, executive summary, and policy brief is available for download on the UNICEF Malaysia website here.​​

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