Experience in Solving Statelessness and Nationalitylessness in Thailand: Identification, Prevention, Reduction and Protection (IDENTIFICATION Part 2)
After understanding who those facing stateless and nationalityless problems in Thailand are, the second experience is to explore them in details that “according to applicable laws and policies of Thailand to solve statelessness and nationalitylessness, how can these people be classified?” To determine people facing the problems into stateless persons, nationalityless persons, and quasi-nationalityless persons as aforesaid is to understand problems and notions relating to the issues in Thailand’s contexts. While this following classification under the applicable laws and policies aims to solve problems of each group in practice properly.
From my hand-on experience in giving legal assistance in Bangkok Legal Clinic and together with the network, it is enough to conclude that there are currently five main groups of stateless and nationalityless people in Thailand as followings:
(1) Unregistered Persons.
These people are those unrecorded into civil registration system of Thailand and also without any identification paper or even 13-digit number as such living in Thailand. Examples of this group are Moken people or Sea Gypsies in Andaman Sea, especially those who are still living in the traditional way of life and do not yet settle down permanently, and illegal migrant workers who have been working without any permission in Thailand.
These unregistered people are most vulnerable and at risk of rights violation although some of these are Thai nationals in fact. Therefore, during the process of legal status verification, these people have to be at first registered into the system in order to establish their legal identity in the Thailand’s civil registration record.
(2) Thai Nationals registered as Alien in the Registration.
These people are entitled to the right to Thai nationality by birth, but in the eyes of the government officials, they are considered as aliens, only because they had been wrongly recorded in the registration of Thailand as aliens. Villagers in Mae Ai District, Chiangmai Province, is an instance. Because Mae Ai District locates along the border between Thailand and Myanmar, people living in such area are mixed, including those indigenous Thai people and also new comers from Myanmar. Hence, some of Mae Ai people with Thai nationality were misunderstood and later recorded in the registration as aliens in the end. Prasit Jampakhao, a child born in Lao P.D.R. of a Thai father, is also a case. Due to ignorance of the issues relating to nationality, he came to Thailand and finally asked for the registration as a migrant worker from Lao P.D.R.
The way to solve the problems of these Thai nationals who were registered as aliens mostly depends on evidence to verify their Thai nationality, whether to prove that they have a parent of Thai nationality or they were born in Thailand in the period prescribed under nationality laws. When the verification is approved, these people will be registered again into the civil registration system as a Thai.
(3) Aliens born in Thailand in the Registration.
Mong Thongdee, the famous origami airplane hero, can illustrate aliens born in Thailand. He was born in the north of Thailand of migrant workers from Myanmar. He was recognized by the Thai authority that he was born here and also registered into civil registration system as an alien with temporary residence in Thailand. Nevertheless, the law on nationality currently limit acquisition of Thai nationality on the basis of the jus soli principle, people born in Thailand of alien parents is not entitled to the right to Thai nationality automatically by birth.
Under a provision of the recent nationality law[1], however in case the Minister of Interior deems it appropriate, he may consider and give an order for each particular case granting Thai nationality to those born in Thailand of alien parents like Mong Thongdee, in conformity with the rules prescribed by the Cabinet.
(4) Immigrants in the Registration.
These immigrants are also considered as aliens in the civil registration system of Thailand. However the difference is that these people were not born on Thai soil, but migrated into Thailand such as those aforesaid Vietnamese immigrants who themselves had fled from the country of their origin due to the war. These Vietnamese in the registration who was born outside Thailand might be at the generation of parents or grandparents of stateless or nationalityless people from Thailand living here in Japan. These immigrants are considered that they have been living in Thailand for a long time and they could be probably registered into Thailand’s civil record as aliens with temporary or permanent residence, but without Thai nationality.
According to the law on Thai nationality, these assimilated immigrants can apply for Thai nationality in these following situations: firstly when they are alien women getting married with a person of Thai nationality[2]; secondly when they reach qualifications prescribed by the nationality law for naturalization as a Thai[3]; and lastly when they have rendered distinguished service to Thailand or has done acts to the benefit of official service[4].
(5) Immigrants with the Connection with Foreign Country in the Registration.
Because of the real existing connection with foreign country, the country of origin or the third country for instance, these immigrants are divided from the fourth group to be the last classification here. Yoon Thongdee, a father of Mong Thongdee, can be a good example. He is currently registered into another type of Thailand civil record as a migrant worker from Myanmar. Yoon and people registered as migrant workers from Myanmar, Lao P.D.R. and Cambodia are considered that they are entitled to the right to a nationality of the country of origin. Only verification of nationality has to be conducted in order to exercise this right in reality.
Formerly these people were stateless immigrant from the three countries and worked illegally in Thailand for sometimes. After realization, Thailand starts solving the issue of illegally working at first by turning them into legal workers in the system under the special policy. Moreover, statelessness of these people was eradicated by registration. Finally, Thailand has facilitated the process of national verification with the three countries of their origin for these registered migrants in order to solve nationalityless as well.
[1] Section 7 bis paragraph 2 under Nationality Act B.E.2508 (1965) as amended by Act B.E.2535 no.2 (1992) and Act B.E.2551 no.4 (2008)
[2] Section 9 under Nationality Act B.E.2508 (1965)
[3] Section 10 under Nationality Act B.E.2508 (1965)
[4] Section 11 under Nationality Act B.E.2508 as amended by Act B.E.2551 no.4 (2008)
ใน "Lessons Learned on Advocacy for Displaced and Stateless Persons"
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