Legal Concepts for Problem Solution of Statelessness and Nationalitylessness Situation in Wangthong Sub-District, Phitsanulok Province

Main Article Content

Kitiwaraya Rattanamanee

Abstract

This article aims to present the findings from the fieldwork of statelessness and nationalitylessness situation in Wangthong Sub-district, Phitsunalok Province, which is a part of the 12th-14th Outside-Classroom Human Rights Course Activities from September 2016 – November 2017. These outside-classroom activities are operated under the umbrella of Naresuan Legal Clinics for Human Rights, Faculty of Law, Naresuan University and collectively supported by the cooperation of public and private organizations’ network. According to the fieldwork, there are five main findings as follows:
Firstly, there are at least 294 stateless and nationalityless people in Wangthong Sub-district; and approximately 200 of these people live in Wangthong Home for the Destitute (WHD) while 94 of them have residences outside WHD. Given the characteristics of statelessness and nationalitylessness problems, these people can be categorized into two groups, which are de facto and de jure stateless and nationalityless people. Moreover, by considering the genuine link between the persons and the state of Thailand, people with stateless and nationalityless status may also be divided into two groups; (1) persons having the genuine link with Thailand by birth according to jus sanguinis principle due to Thai nationality parents and relatives, or jus soli principle due to being born in the territory of Thailand or residing and being presence in Thailand for a considerable period of time and (2) persons having the genuine link with Thailand after birth based on jus sanguinis and jus soli principles.
Secondly, it found that the causes of statelessness and nationalitylessness in Wangthong Sub-district derived from father, mother, a person in questions, private sectors providing assistance, relevant state officers as well as other external factors such as migration, travel and economic and social problems.
Thirdly, stateless and nationalityless people in Wangthong had been struggling with rights to access basic needs such as a right to healthcare, a right to education, a right to work, a right to reside in Thailand, a right to travel and a right to have a family.
Fourthly, the article purports two main solutions dealing with legal status of people by the elimination of statelessness under Thai civil registration law and nationalitylessness under Thai nationality law.
Lastly, in order to strengthen the effectiveness of the elimination of statelessness and nationalitylessness, the participation of many stakeholders, whether the person in questions, relevant government agencies, private sectors, civil society or the academia, is crucially necessary in this respect.

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How to Cite
Rattanamanee, Kitiwaraya. “Legal Concepts for Problem Solution of Statelessness and Nationalitylessness Situation in Wangthong Sub-District, Phitsanulok Province”. Naresuan University Law Journal 11, no. 1 (June 16, 2018): 27-54. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/119606.
Section
Academic Articles

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