Experience in Solving Statelessness and Nationalitylessness in Thailand: Identification, Prevention, Reduction and Protection (PREVENTION Part 3)

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 fifth experience is an attempt to adjust such mistake about the bad attitude towards birth registration. The attempt is “reformation of Civil Registration Act in B.E.2551 (2008)”, especially in issues of the right to birth registration and the right to legal recognition by issue civil document for every person with domicile in Thailand.

Crucial principle of the reformation is to clarify that everyone in Thailand shall be registered and obtain 13-digit identification number regardless of whether or not they have Thai nationality or others, or they were born in Thailand or foreign countries, or they have entered into Thailand legally or illegally. However, the registration does not mean that the registered people would have the right to reside legally in Thailand. Such right to reside will be later considered according to regulation prescribed under nationality law and immigration law. Nevertheless, this provision is beneficial for population management in Thailand and also able to prevent statelessness of the people in the same time.

Furthermore, this reformation of law on civil registration contains significant matter relating to the right to birth registration. They are:

(1) Birth registration may be done to the registrar in other areas besides the area of their birth[1]. This is to facilitate and persuade people to register birth of their children without returning to the birth place which might be far from their current area.

(2) Both Thai nationals and nationalityless persons who were not registered at birth may ask for document proving their birth recognition[2]. This provision is added to solve problems of those who have no birth evidence until the present. Document proving the birth recognition will be issued in this situation and it can be used legally as birth certificate.

(3) Abandoned children or homeless children or even rootless children may be reported their birth[3]. For those abandoned newborn or baby under the age of seven years old, officials of the Ministry of Social Development and Human Security in the area shall report their birth to a registration office where the children were found. However, if the abandoned children are under the age of 18 years old with supervision of the foster home[4], a chief of the organization shall report their birth to a registration office where the foster home locates.

(4) Children of refugees in a temporary shelter may be reported their birth under the civil registration law as well[5]. Formerly, refugee parents in the shelter had faced difficulty to register their children’s birth because they were restricted from leaving the control area and such area usually locates in remote area away from the registration office. As a result of this law reformation, birth registration can be done in the shelter by a registrar who is stationed inside the shelter.

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[1] Section 18 paragraph 3 under Civil Registration Act B.E.2534 (1991) as amended by Act B.E.2551 no.2 (2008)

[2] Section 20/1 under Civil Registration Act B.E.2534 (1991) as amended by Act B.E.2551 no.2 (2008)

[3] Section 19 and Section 19/1 under Civil Registration Act B.E.2534 (1991) as amended by Act B.E.2551 no.2 (2008)

[4] Such foster home under the provision means of those public and private organization registered by the Ministry of Interior.

[5] Section 8/2 under Civil Registration Act B.E.2534 (1991) as amended by Act B.E.2551 no.2 (2008)