Experience in Solving Statelessness and Nationalitylessness in Thailand: Identification, Prevention, Reduction and Protection (PREVENTION Part 2)

A paper for the International Symposium on “Human Rights and Support for the Stateless People around the World: Japan’s Role” held by the National Museum of Ethnology, Osaka, Japan, 26-27 February 2011.

The fourth experience reflects failure of policy administration of Thailand in the past which results in a number of stateless and nationalityless people. This is about “wrong attitude that Thai nationality could be conferred upon every person born in Thailand”. Thus, a huge number of children of aliens born in Thailand in a period of time were denied to register at birth and also to obtain birth certificate by those officials who were afraid that they could become Thai immediately with such document.

However, notion of acquisition of Thailand nationality on the basis of the jus soli principle without limitation was true, but a hundred years ago. In the first written law on nationality, Nationality Act B.E.2456 (1913), it was the first time in Thai history that nationality could be granted on the basis of the jus soli principle regardless of whether or not the alien parents had entered into Thailand legally or illegally or the alien parents had the right to reside in Thailand temporary or permanently. Over its 39 years of operation, this law united people of different ethnicities and people who came from other countries. Nevertheless, since B.E.2495 (1952), acquisition of Thai nationality on the basis of the jus soli principle has been limited with some condition until the present.

Such nationalism attitude without thorough consideration of the relevant applicable laws and policies was the greatest mistake in Thailand’s history. It caused detrimental effects to real aliens and even those who might have the right to Thai nationality born in Thailand. These people become stateless until now due to lack of birth recognition by the state of their birth.