Who Else are Called ‘Thai Nationals’??
What is Importance of Distinguishing between “Thai-ness” and “Alien-ness”??
The meaning of “Thai-ness” or “Thai nationality” for ordinary people might not be the same with what defines under the laws. Due to such deviation, frequently Thai nationals become nationality-less or aliens make a bogus claim as a Thais. Understanding of Thai nationals, therefore, is crucial as such.
Who are Thai Nationals and Who are Aliens??
Understanding of Thai-ness or Thai nationality in opinion of ordinary people is probably raised from their own belief. Persons might understand that they have Thai nationality because their parents have Thai nationality. But after verification, for example, it was found that they are in fact adopted and not yet a legitimate child of the adoptive parents. Or because they were born in Germany of a German father, they might be denied by the district officer. From that fact, the officer might wrongly believe that they do not have Thai nationality even though their real mother is Thai.
According to universal principles regarding nationality law, right to nationality, as a whole, is classified into two characteristics: (1) right to entitlement of nationality and (2) right to exercise of nationality. Therefore, to talk about “persons with Thai nationality”, we must realize that there are five different types of them:
First are persons who are entitled to Thai nationality and have already exercised the right. Therefore, they were officially recognized by the Thai State as Thai nationals. Normally, their birth and residence are recognized into civil registration system for those permanent residents (Tor Ror 14). The State authorities in charge according to the Civil Registration Act are obliged to issue a “copy of household registration” which contains same information as what appears in database of the government. According to the Identity Card Act, a “Thai I.D. card” shall be issued also. Moreover, the Thai State through the Department of Consular Affairs, Ministry of Foreign Affairs has got to issue a “passport” for Thai nationals as a travel document when traveling out of Thailand. Such passport is a crucial document for international use in order to affirm that they are Thai nationals recognized officially by the Thai State.
Second are persons who are entitled to Thai nationality, but do not want to exercise the right. Therefore, the Thai State neither recognizes them as Thais. Birth of Thai people in this group might be or might not be recorded into civil registration system of Thailand. These people do not yet consent to ask for recognition from the Thai State as Thais. They, therefore, are not registered into civil registration system as Thais; neither has a Thai I.D. card nor passport issued by the Thai Department of Consular Affairs. Conversely, they are registered into civil registration system of other States and hold identification document issued by the foreign States. When coming into Thailand, they therefore are considered by the Thai State authorities as aliens or those without Thai nationality.
Third are persons who are entitled to Thai nationality and have tried to exercise the right. However, the Thai State has not yet done any administrative action to recognize them as Thais. Birth of Thai people in this group might be or might not be recorded into civil registration system of Thailand. These people have applied for Thai nationality, but there is not any progress. They, therefore, are not registered into civil registration system as Thais; neither has a Thai I.D. card nor passport issued by the Thai Department of Consular Affairs. Conversely, they are registered into civil registration system of other States and hold identification document issued by the foreign States. When coming into Thailand, they therefore are considered by the Thai State authorities as aliens or those without Thai nationality.
Fourth are persons who are entitled to Thai nationality, but have not yet realized the importance to exercise the right. Therefore, the Thai State has not yet done any administrative action to recognize them as Thais. Birth of Thai people in this group might not be recorded into civil registration system of Thailand. They, therefore, are not registered into civil registration system as Thais; neither has a Thai I.D. card nor passport issued by the Thai Department of Consular Affairs. Being in the same status as people in the second group, they therefore are considered by the Thai State authorities as aliens or those without Thai nationality. However, Thai people in this fourth group are in worse situation. They usually are not recognized into civil registration system of any State in the world. Also, they do not have any kind of proper document from any personal States. They therefore are considered as aliens for every States in this whole world.
Fifth are persons who are actually not entitled to Thai nationality, but have made a bogus claim to exercise such right. At last they were recognized by the Thai State as Thai nationals. Their birth and residence are recognized into civil registration system for those permanent residents (Tor Ror 14). The State authorities in charge according to the Civil Registration Act have issued a copy of household registration which contains same information as what appears in database of the government. According to the Identity Card Act, a Thai I.D. card as Thais has been issued also. Moreover, the Thai State through the Department of Consular Affairs, Ministry of Foreign Affairs has got to issue a passport for Thai nationals as a travel document. These people would not have any problem with exercising the right to Thai nationality unless there is verification of their real connection with the Thai State. Such situation could happen because of ignorance of the persons themselves as equally as corruption of State authorities.
ใน "Lessons Learned on Advocacy for Displaced and Stateless Persons"
ความเห็น (1)
I really agree with the topic, now we never who are thai?. who am i? my cousin tell we have indian blood.some tell we got malayu blood.