Legal Opinion regarding Right to Freedom of Movement (Travel Aboard): Case of Somboon Rimpu

Legal Opinion regarding Right to Freedom of Movement (Travel Aboard)

 : Case of Somboon Rimpu

 

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Fact of Somboon Rimpu

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• Name:                                “Soomboon Rimpu” 
• Age:                                   14 years old
• Date of Birth:                      23 April 1997 as stated on the I.D. card for non-Thai without any nationality issued by Thailand

• Place of Birth:                     Myanmar as told by the father
• Current domicile:                Bang Rak District, Bangkok
• Proper Documents issued by Thailand for Legal Status Recognition:

(1)   I.D card for non-Thais without any nationality entitled “Persons without Status in Registration System” with 13-digit number of 0-1007-89000-04-0 issued by Prathumwan Registration Office on 19 October 2011 and expired on 16 October 2021

(2)   Certificate for Registration Recognition of Profile of Persons without Status in Registration System (Tor Ror 38 Khor) with 13-digit number of 0-1007-89000-04-0 issued by Prathumwan Registration Office on 13 October 2011

 

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Fact of the Father of Somboon Rimpu

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• Name in Thai:                     “Budeman Rimpu” as stated on the Certificate for Registration Recognition of Profile of Aliens given leniency to Stay in the Kingdom as Special Cases (Tor Ror 38/1)

• Name in English:                 “Budeman” as stated on the Temporary Passport
• Age:                                   37 years old
• Date/Place of Birth: 10 October 1974 in Mytikyina Township, Myanmar as stated on the Temporary Passport

• Proper Documents issued by Thailand for Legal Status Recognition:

(1)   Certificate for Registration Recognition of Profile of Aliens given leniency to Stay in the Kingdom as Special Cases (Tor Ror 38/1) with I.D. number 00-1004-100769-7 issued by Bang Rak Registration Office on 20 July 2004

(2)   Receipt of Application for Work Permission No.17572 issued by Department of Employment on 19 September 2011 (used as work permission, expired on 22 November 2012)

• Proper Document issued by Myanmar for Legal Status Recognition:

(1)   Temporary Passport No.TCL049229 issued by Ministry of Home Affairs of Myanmar on 23 November 2010

• Current Domicile:                Bang Rak District, Bangkok
• Occupation:                        Employee at the “Western Tailor” on Khaosan Road, Bang Lampu District, Bangkok 

 

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Fact of the Mother of Somboon Rimpu

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• Name in Thai:                     “Duluka Devi Limpu” as stated on Certificate for Registration Recognition of Profile of Aliens given leniency to Stay in the Kingdom as Special Cases (Tor Ror 38/1)

• Name in English:                 “Thurakar Devi” as stated on Temporary Passport
• Age:                                   37 years old
• Date/Place of Birth: 18 August 1974 in Mogok Township, Myanmar as stated on the Temporary Passport

• Proper Documents issued by Thailand for Legal Status Recognition:

(1)   Certificate for Registration Recognition of Profile of Aliens given leniency to Stay in the Kingdom as Special Cases (Tor Ror 38/1) with I.D. number 00-1004-103250-1 issued by Bang Rak Registration Office on 20 July 2004

(2)   Receipt of Application for Work Permission No.141977 issued by Department of Employment on 19 September 2011 (used as work permission, expired on 22 November 2012)

• Proper Document issued by Myanmar for Legal Status Recognition:

(1)   Temporary Passport No.TCL049244 issued by Ministry of Home Affairs of Myanmar on 23 November 2010

• Current Domicile:                Bang Rak District, Bangkok
• Occupation:                        Employee at the “Western Tailor” on Khaosan Road, Bang Lampu District, Bangkok

 

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Education of Somboon Rimpu

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• Grade 1 – 6:           studied at Suan Lumpini School
• Grade 7:                 studying at Wat Prathum Wanaram School (under the Patronage of Her Royal Highness Princess Maha Chakri Sirindhorn)

 

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Legal Status of Somboon Rimpu under Thai laws and Policies

: Person without Status in Registration System living in Thailand 

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• According to all the relevant facts around Somboon Rimpu and his parents, it is apparent that Somboon is ‘de facto’ stateless born in Myanmar due to lack of birth registration. Somboon and his parents entered Thailand in 1999 (or when Somboon was 2 years old). In this regard, Somboon, then, was never recorded in the civil registration system or even legally visible in the view of both Thailand and Myanmar.
• In 2004 when it was time for registration of illegal migrant workers from Myanmar, Lao P.D.R and Cambodia in Thailand, his parents were ones who have given leniency to stay temporary as special cases as the others. Somboon as a child and a dependant of the migrant workers was not registered into the system even though there was a policy to do so. Again, he was left out as a vulnerable undocumented child living in Thailand for 13 years.
• In 2010, Somboon’s parents have been completely verified as nationals of Myanmar and acquired a proper document, the Temporary Passport, from the Ministry of Home Affairs of Myanmar. Given that Somboon is a child of verified nationals of Myanmar, he is eligible for the nationality in principle. However, he cannot exercise the right to Myanmar nationality in practice because of lack of such recognition process for the children. Therefore, Somboon is factually remained as a stateless child for any country in the world.
• And just in this year, 2011, Somboon, as a student with legal status problems in the educational system of Thailand, has fortunately benefited from the registration scheme of the Strategy on Administration of Legal Status and Rights of Persons under the Cabinet Resolution on 18 January 2005. This innovation is a protection tool for stateless persons in Thailand, conforming to legally binding instruments, namely Universal Declaration of Human Rights, 1948 (Article 6) and International Covenant on Civil and Political Rights, 1966 (Article 16).
• In order that, Somboon was surveyed and documented in the civil registration system of Thailand as a student with legal status problems and issued an I.D. card for non-Thais without any nationality entitled “Persons without Status in Registration System” with 13-digit number of 0-1007-89000-04-0 under the Section 38 paragraph two of the Civil Registration Act (No.2), 2008. This conclusively means that Thailand has accepted as a personal State of Somboon Rimpu. More, Thailand has already solved one of legal status problems according to civil registration law for Somboon Rimpu.

 

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Right to Freedom of Movement aboard for Capacity Development of Somboon Rimpu

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• Somboon Rimpu, as Field Commander of Marching Band of Suan Lumpinee School, has leaded the team to win first prize of the Thailand Contest. He and his team a representative of Thailand, then, are invited by Thai Marching Band as well as Hong Kong Marching Band & Drum Corps Association to participate in Hong Kong Marching Band Festival 2011 on this coming 28^th December 2011.
• According to Section 4 and 30 of Thailand’s Constitution, 2007 and Article 29 of Convention on the Rights of the Child, 1989, Somboon shall have a chance to develop personality, talents and mental and physical abilities to his fullest potential. In order to fulfill such development, he then requires freedom of movement aboard to participate in the event.
• Due to Somboon’s legal status as a non-Thai without any nationality, the right to enter, to leave and to reside in Thailand has to conform to Section 17 of the Immigration Act, 1979. And under Section 54 of the same Act authority and functions of the competent official regarding restriction of areas and conditions for aliens like Somboon to stay in Thailand is also stipulated. Therefore, the right to reside in Thailand of Somboon will be terminated immediately under Section 39 of the Immigration Act, 1979 together with Article 6(3) of the MOI Proclamation on Permission for Some Groups of Aliens to Stay Temporarily in the Kingdom pending Repatriation and Determination of Restriction Areas, dated on 1 October 2009 if he leaves the Country without permission from the competent official.
• According to reasons mentioned above, Somboon, however, shall be granted the permission to leave and to re-enter the Country to render benefit to Thailand by competing in the Contest as a representative of the Country as well as to give him an opportunity to develop personality, talents and mental and physical abilities to his fullest potential. Therefore, the Minister of Interior as the competent official of the Act shall deem it appropriate to grant such permission for Somboon as a special case under Section 17 of the Immigration Act, 1979.

 

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Recommendations regarding Issuance of Travel Document for Somboon Rimpu

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• Given that Somboon is a child of verified nationals of Myanmar, he is eligible for Myanmar nationality as the parents in principle. However, the national verification process is not yet conducted for the children of migrant workers; Somboon in fact cannot exercise the right to such nationality.
• Even though Somboon has not yet been recognized as a Myanmar national in reality, he was accepted by Thailand as a personal State of his real domicile during the time when the national verification process for the children is not yet conducted. Such acceptation of Thailand is indicated by issuance of identification documents such I.D card for non-Thais without any nationality entitled “Persons without Status in Registration System”.
• In order to respect the principle on Determining the Best Interests of the Child and on the Maximum Development of the Child as stated under Article 3(1) and 6.2, respectively, of the CRC as well as Section 22 of the Child Protection Act, 2003, Thailand, as a current personal State of Somboon, shall issue “Travel Document for Aliens” for him to travel to participate in the Contest in Hong Kong.
• In addition to process of issuance of the Travel Document, Somboon will contact Bureau of Internal Security Affairs, Department of Provincial Administration, Ministry of Interior to request in writing to the Permanent Secretary for Interior to grant permission to leave and re-enter the Country for the event participation. After being granted permission, Visa and Travel Documents Division, Department of Consular Affairs, Ministry of Foreign Affairs will take responsibility to issue the travel document for Somboon. However, all the processes shall be the same as what have been done for these following stateless cases in the past: “Ayu Namthep” (a stateless musical lecturer of Payap University, traveled to China and Austria to the Choir Games), “Mong Thongdee” (a ‘de facto’ stateless child of migrant worker from Myanmar, traveled to Japan to the Origami Airplane Competition) and “Srinuan Saokhamnuan” (a former stateless child born in Thailand, traveled to USA to study).

 

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Fact-finding preliminarily conducted and legal opinion provided by Puangrat Pathomsirirak, Lawyer of Bangkok Legal Clinic, Faculty of Law, Thammasat University

The legal opinion reviewed by Daunee Paisanphanichkul and Kitiwaraya Rattanamanee from Faculty of Law, Naraesuan University, Achara Sutthisuntharin from IRC and Bongkot Napaumporn from UNHCR 

Dated on 12^th December 2011