Abstract

บทคัดย่อที่แปลเป็นภาษา

 

Thailand has received significant numbers of Lao people. There are several legal statuses, those who are lawful people, unlawful people and those who were born in Thailand but there is no recognition of legal personality as Thai citizen due to their father and mother are Lao. Great numbers of those people have entered to Thailand to be migrant workers and some have entered for other purposes. Some of them have legal relationships with Thai nationality. On account of different statuses of Lao people in Thailand, consequently there is complication in making Lao population management. Thai law provides flexibility for the authorities to allow illegal Lao migrant workers and those who have enter Thailand illegally to stay and  work temporarily in the country as conditioned by law, government’s policy and limitations during awaiting for sending back to their country of origin.: There are legal procedures and methodologies according to their statuses, differ for those lawful, unlawful and undocumented Lao people who were born in Thailand.

There are many international human rights laws have been enacted on protection of fundamental human rights to which everyone are entitled, for instance The Universal Declaration of Human Rights (UDHR), The International  Covenant  on Economic, Social and Cultural Rights (ICESCR) and also Constitution of Kingdom of Thailand has enacted on the dignity and worth of the human person, essential rights, liberty and the equal rights of men and women. Nevertheless due to the limited resources in each country, the scope for legal rights and statuses of alien are conditioned by sovereignty of the state.  For example, rights to live, rights for medical treatments rights to housing and rights to work for alien.

There are many statuses of Lao people who live in Thailand and although basics of human rights guarantee everyone basic freedoms and entitlements regardless legal status. Nevertheless the scope for their human rights at the local level is limited as they are not in their personal state. Their statuses are conditioned by sovereignty of Thailand.  There are three categories of Lao people in Thailand: 1. Lawful, 2. Unlawful and 3. Those who were born in Thailand but do not possess identification documents.

It is undeniable of alien living in Thailand especially Lao people. Legal status legislation is marked by inadequate measures even though there is Memoranda of Understanding (MOU) between Thailand and Lao PDR. And also there is Aliens working Act 2008 that grants these people to work conditionally under ministry of Labour’s policy. A basic problem lies in work permit. Most do not possess one. Policymakers grant labour permission to possess work permit.  Meanwhile,  in some area,  there  is  policy  to  work  without work permit.  Conversely,  some  area  labour   will  be arrested  for  not  possessing  work permit. This phrase of law enforcement is perhaps ineffective. Without studying on this problem thoroughly,  there  will be human rights caused lack of unities of laws. Subsequently, these people work illegally and do not possess legal status.

This dissertation is to adopt appropriate measures in enforcement of legislation of legal status of Lao residing in Thailand in accordance with current domestic and international situation. It focuses on four major issues: A situation of Legal status of Lao people in Thailand; relevant laws on legal status of Lao people in Thailand; Rights limitations of Lao people in Thailand; And government agencies in cooperation with recognising legal status of Lao people in Thailand.

Despite various statuses of Lao people in Thailand, the conclusion of legal status regarding classes; lawful, unlawful and undocumented Lao people who were born in Thailand. The procedures and methodologies according to their statuses differ for those.

As problems previously indicated, measures, for population management on legal status of Lao people in Thailand and to ensure fundamental rights to Lao people in Thailand in accordance with economic, social and procedure through bilateral agreements and MOU between Thailand and Lao PDR in cooperation with Thai and Lao’s economies and societies regarding population management among these two countries on the basis of both benefits, is to ensure better knowledge between the authorities of Thai-Laos. For instance, Thai and Lao government officials, employers and employees and both citizens. To promote cooperation properly and effectively and to comprehend their responsibilities and living in harmony for both countries.

And to promote cooperation between the authorities of Thai-Lao. It should be focused on illegal immigration through bilateral agreements and MOU between Thailand and Lao PDR in accordance with reciprocity principle on the basis of both benefits.

Both governments should be introduced to bilateral online Household Registration to protect Thai and Lao citizens.

There should be MOU on Justice among organisations and agencies for example, justice ministries and justice courts. In assistance with labour who are exploited. There should be punishment in case of employer takes advantage of employee by possessing work permit of Lao labour. Moreover there should be private international organisations to support law to Lao labour in Thailand and legal knowledge to Lao people who plan to work in Thailand.