Legal Concepts for Problem Solution of Statelessness and Nationalitylessness Situation in Wangthong Sub-District, Phitsanulok Province
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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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References
Chuti Ngam Urulert, Darunee Paisanpanichkul, Sarinya Kitprayoon and Apichit Laisanitsereekul. Database for Nationalitylessness: Knowledge for Problem Solution of Legal Personality Management. Bangkok: Parbpim: Design & Printing, 2009. [In Thai]
Darunee Paisanpanichkul. “Legal Concept to Verify and Develop the Right to Personal status.” PhD diss., Faculty of Law, Thammasart University, 2014. [In Thai]
Darunee Paisanpanichkul. “Right to Identification Paper in Thai State.” Master’s thesis, Faculty of Law, Thammasart University, 2009. [In Thai]
Department of Asean Affairs. Ministry of Foreign Affairs of the Kingdom of Thailand, “ASEAN Human Rights Declaration 2012.” Last modified n.d. Accessed March 30, 2018. https://aichr.org/?dl_name=AHRD_Booklet_FIN_13June.pdf. [In Thai]
Jakarin Wattanasri, Alisa Khenkham, Roongnapa Thibjee, and Kotchakorn Paw-Ta-Wee. Good Practice in Eliminating the Problems of Undocumented Person in Wangthong Sub-District, Phitsanulok Province: Cases Study in Wangthong Home (Research Report). Phitsanulok: Naresuan University, 2017. [In Thai]
Kitiwaraya Rattanamanee.“Aliens in Thai Civil Registration Law.” Master’s thesis, Faculty of Law, Thammasart University, 2009. [In Thai]
Kitiwaraya Rattanamanee. “Private International Law: Chapter 2 Fundamental Human Rights.” Handout for 230404-Private International Law Course, Faculty of Law Naresuan University Semester 2/2017, Phitsanulok, March 8, 2018. [In Thai]
Kitiwaraya Rattanamanee. “Situation Survey of Statelessness and Nationalitylessness’s Problems at Wangthong Home in Wangthong Sub-District, Phitsanulok Province.” Document for Naresuan Legal Clinics for Human Rights, the 14thOutside-Classroom Human Rights Course Activities, Faculty of Law, Naresuan University Phitsanulok, November 30, 2017. [In Thai]
Kitiwaraya Rattanamanee. “Situation Survey of Statelessness and Nationalitylessness’s Problems in Wangthong Sub-District, Phitsanulok Province.” Document for Naresuan Legal Clinics for Human Rights, the the 12th-13th Outside-Classroom Human Rights Course Activities, Faculty of Law, Naresuan University Phitsanulok, September 13-15, 2016. [In Thai]
Kittamed Thongpraphai. Supattra Aumaoeb, Phattarakorn Suebsai-on, and Peerapat Puttha. The Situations, Problems, Causes and Solutions of Denial of Recognition of Legal Personality: Youth and Work-Force Age as a Study Case at Thabum Wangnokann Wangthong Sub-District, Phitsanulok Province (Research Report).
Phitsanulok: Naresuan University, 2016. [In Thai]Ministry of Foreign Affairs of the Kingdom of Thailand. “Convention on the Rights of the Child 1989.” Last modified n.d. Accessed March 30, 2018. https://humanrights.mfa.go.th/upload/pdf/crct.pdf. [In Thai]
Ministry of Foreign Affairs of the Kingdom of Thailand. “International Covenant on Civil and Political Rights 1966.” Last modified n.d. Accessed March 30, 2018. https://humanrights.mfa.go.th/upload/pdf/iccprt.pdf. [In Thai]
Nipapron Nanthipanid, Preeyabhorn Puttha, Prawploy Suechawna, and Thamonwan Jumras. Good Practice in Eliminating the Problem Undocumented Person in Wangthong Sub-District, Phitsanulok Province: Cases Study outside Wangthong Home (Research Report). Phitsanulok: Naresuan University, 2016. [In Thai]
Phunthip Kanchanachittra Saisoonthorn. “Classification of Stasteless and Nationalityless in Thailand.” Document for Bangkok Legal Clinic, Faculty of Law, Thammasat University, Bangkok, March 31, 2018. [In Thai]
Phunthip Kanchanachittra Saisoonthorn. “Private International Law: Chapter 3 Rights and Personal Legal Status of Private Persons: Lesson 1 Rights and Personal Legal Status of Private Persons Who have Genuine Link with Thai State.” Handout for LA490/491 -Private International Law Class, Faculty of Law Thammasat University Semester 1/2560, Bangkok, March 20, 2017. [In Thai]
Phunthip Kanchanachittra Saisoonthorn. “Private International Law: Chapter 3 Rights and Personal Legal Status of Private Persons: Lesson 3 Right to Development of Life Quality of Private Persons Who have Genuine Link with Thai State.” Handout for LA490/491 -Private International Law Class, Faculty of Law Thammasat University Semester 2/2560, Bangkok, April 3, 2018. [In Thai]
Phunthip Kanchanachittra Saisoonthorn. “Stasteless and Nationalityless in Thailand: What are they? and How to Manage?.” Repee Journal, Faculty of Law, Thammasat University, 2004. [In Thai]
Phunthip Kanchanachittra Saisoonthorn. Nationality Law. 4th ed. Bangkok: Winyuchon, 2005. [In Thai]
Suwimon Issariyanon. “Guidelines for Protecting the Legal Rights of Stateless Thai: A Case Study of Rights and Status of Citizenship to People without Civil Registration Record.” Master’s thesis, Faculty of Law, NIDA, 2015. [In Thai]
Venus Seesuk. Proposals and Guidelines for Problem Solution of Rootlessness Situation in Thailand. Symposium for Thai Nationality Law and Policy Reform 14th December 2012 at Centara Government Complex Hotel & Convention Centre Chaeng Watthana, Bangkok.[In Thai]