Definition of Proof of Nationality

Written by Bongkot Napaumporn on 12 May 2011 as a part of M.A.thesis (CHRSD, Mahidol University)

Proof of Nationality means of a process to find evidences to affirm right to a nationality. Moreover, proof of nationality is not only about ‘right’ as a national, but also about ‘duty’ towards a personal State of such national.

Proof of nationality is, therefore, a ‘procedural’ notion emerging together with ‘substantive’ notion on right to a nationality. However, proof of nationality seems not to be an issue, especially in the country where legal and technological systems on population management have been progressively developed. In such countries, proof of nationality is automatically preceded at the same time when right to a nationality exists.

For example, when a child of Thai parents was born in the hospital, a delivery certificate, indicating the connecting point between the child, the parents and the place of birth, will be issued and also a name of the Thai parents will be stated in the paper. After that the parents will bring the delivery certificate to register birth of the child at the district office in the area where the child was born. The parents have to prove that they have Thai nationality and they are also real parents of the child. And if evidences are trustful, the registrar will issue a birth certificate as a Thai national for the child and immediately will register the child as a person with permanent residence and Thai nationality into civil registration system (Tor Ror 14) finally.

On the other hands, proof of nationality will be seriously important when a child of Thai father was born outside Thailand and the father did not report birth of the child at the consulate of embassy of Thailand in such countries. Verification will be more complicated if the father did not register the child immediately into the civil registration system after coming back to Thailand. If the child has grown up too much when asking for such registration as a Thai, the registrar might ask for DNA testing between the father and the child to prove that they are real father and child. And if the father has unfortunately died before such registering, for the worst case, proof of Thai nationality of the child will be more and more difficult, in terms of evidences finding.

 

"Children of migrant workers from Myanmar who were born in Thailand"