Am I Thai, or Am I not? Invisible and Left Out Thai-Born Non-Thai Nationals Aree Jampaklay Institute for Population and Social Research Mahidol University IDP Workshop, Brussels, Belgium March 22-23, 2007

Outline Undocumented Thais Undocumented Thais Hill tribes and ethnic groups Hill tribes and ethnic groups Migrants from neighboring countries Migrants from neighboring countries Birth registration Birth registration Challenges Challenges

Undocumented Thais

No documents, no rights Tsunami -- a considerable number of Thais, especially children, do not have documents Tsunami -- a considerable number of Thais, especially children, do not have documents A number of people missing in the registration system A number of people missing in the registration system No documents-- not registered at birth, lost documents No documents-- not registered at birth, lost documents Being unregistered of parents hinders their children from being registered Being unregistered of parents hinders their children from being registered These people have been facing a great limitation of access as though they do not exist These people have been facing a great limitation of access as though they do not exist

No documents, no rights The number of unregistered Thais is not known The number of unregistered Thais is not known Estimated about 3% newborns unregistered Estimated about 3% newborns unregistered Difficult lives of unregistered Thai-born children of Thai parents increasingly reported in medias Difficult lives of unregistered Thai-born children of Thai parents increasingly reported in medias

Undocumented Tsunami victims in Pang-nga province All were not registered at birth All were not registered at birth Most born outside health facilities Most born outside health facilities Born in health facilities but the registration process not completed Born in health facilities but the registration process not completed Parents of most of them are Thai nationals and have ID Parents of most of them are Thai nationals and have ID Used to have IDs but after moving to the south, their names are missing from the registration system, never checked in the place of origin Used to have IDs but after moving to the south, their names are missing from the registration system, never checked in the place of origin

Undocumented Tsunami victims in Pang-nga province In Tsunami rehabilitation, Thai orphans without 13 digit ID number did not get any support from the government, whereas children of migrants with ID number did In Tsunami rehabilitation, Thai orphans without 13 digit ID number did not get any support from the government, whereas children of migrants with ID number did

Hill tribes and ethnic groups

Have lived in Thailand for generations Have lived in Thailand for generations Migrants from neighboring countries illegally crossed border a long time ago Migrants from neighboring countries illegally crossed border a long time ago Most found in areas bordering Myanmar Most found in areas bordering Myanmar Dynamics, hard to clarify number and background Dynamics, hard to clarify number and background

Hill tribes and ethnic groups By law, they live illegally By law, they live illegally Restricted to move freely Restricted to move freely Not allowed to work in a government sector Not allowed to work in a government sector Cannot own assets (land, cars, or a motorcycles) Cannot own assets (land, cars, or a motorcycles) Children of them still not considered Thai nationals Children of them still not considered Thai nationals

Hill tribes and ethnic groups Database: the Registration Office, the Ministry of Interior, started in 1972 Database: the Registration Office, the Ministry of Interior, started in 1972 > 500,000, classified into 19 ethnic groups > 500,000, classified into 19 ethnic groups Each issued a color ID card with 13 digit ID Each issued a color ID card with 13 digit ID Are in the process of applying for Thai nationality Are in the process of applying for Thai nationality The process is very slow, case by case The process is very slow, case by case

Hill tribes and ethnic group 400,000 granted illegal migrant status allowed for temporary stay 400,000 granted illegal migrant status allowed for temporary stay 53% males Chiengmai, Chiengrai, Kanchanaburi, Maehongson, and Ranong 53% males Chiengmai, Chiengrai, Kanchanaburi, Maehongson, and Ranong

Hill tribes and ethnic group ~ 70,000 Children of hill tribes and ethnic groups ~ 70,000 Children of hill tribes and ethnic groups Status: children of the above Status: children of the above Chiengrai, Chiengmai, Bangkok, Kanchanaburi, and Saraburi Chiengrai, Chiengmai, Bangkok, Kanchanaburi, and Saraburi

Source: Achavanitkul, 2006 Hill tribes and ethnic groups by age group

Children of hill tribes and ethnic groups by age group Source: Achavanitkul, 2006

Some limitations to acquire education among children of ethnic groups Accepted to school but not receive certificates Accepted to school but not receive certificates Issues the certificates, but stamped that the child is not a Thai national Issues the certificates, but stamped that the child is not a Thai national Not accepted to further study in non-formal education Not accepted to further study in non-formal education Accepted but refused for education loan from the government Accepted but refused for education loan from the government Restricted movement: cannot take educational exams or go to school in other areas Restricted movement: cannot take educational exams or go to school in other areas Accepted to college, but pay fees and stipend as foreigner rate Accepted to college, but pay fees and stipend as foreigner rate The degree is not enough for a government job The degree is not enough for a government job

Recent illegal migrants from neighboring countries

Recent illegal migrants 1996: registration for illegal migrant workers 1996: registration for illegal migrant workers 2004: registration for migrant workers, dependents, and employers 2004: registration for migrant workers, dependents, and employers The Registration Office, Ministry of Interior The Registration Office, Ministry of Interior Registration (free) Registration (free) Health check-up (600)+for health insurance (1300) Health check-up (600)+for health insurance (1300) Work permit ( ) Work permit ( )

Recent illegal migrants 1.52 million registered migrants (March 2006) 1.52 million registered migrants (March 2006) Bangkok 242,252 Bangkok 242,252 Samutsakhon 151,728 Samutsakhon 151,728 Tak 135,894 Tak 135,894 Chiengmai 94,431 Chiengmai 94,431 Chonburi 67,697 Chonburi 67,697

Registered illegal migrants by age groups Source: Achavanitkul 2007

Recent illegal migrants CBR = 3.5, children of migrants will increase CBR = 3.5, children of migrants will increase Educational chance for children of migrants is still limited Educational chance for children of migrants is still limited No consensus education plan from the central government No consensus education plan from the central government

Birth registration

The first child right, a legal approval of the existence and age of a child The first child right, a legal approval of the existence and age of a child An effective component of a complete registration system An effective component of a complete registration system Individuals’ rights are protected based on people’s age Individuals’ rights are protected based on people’s age A crucial evidence for having nationality -- opens doors to other rights Improves rights to receive education and health services Improves rights to receive education and health services

Birth registration Unregistered children not protected for basic human rights and rights for future living Unregistered children invisible and vulnerable to be left out, discriminated, and abused

Who are included in the registration system? The Registration Act, 1991: Thai nationals Thai nationals Legal migrants (valid visa and passport) Legal migrants (valid visa and passport) Thai residents who received color ID cards (ethnic groups) Thai residents who received color ID cards (ethnic groups) Illegal migrants who are registered Illegal migrants who are registered

Who are excluded? Children of undocumented parents (illegal migrants without documents and undocumented Thai parents) ; they are stateless Children of undocumented parents (illegal migrants without documents and undocumented Thai parents) ; they are stateless International Covenant Civil and Political Rights 1966, which states that every child must be registered after birth and have a name, is violated International Covenant Civil and Political Rights 1966, which states that every child must be registered after birth and have a name, is violated

How to register the newborn? Hospital or place of birth delivery issues a birth document Hospital or place of birth delivery issues a birth document Report the birth to local registrar: a birth report Report the birth to local registrar: a birth report Report the birth to the district registrar: birth certificate with a 13 digit ID Report the birth to the district registrar: birth certificate with a 13 digit ID The registrar uses the birth certificate to enter the child information into the registration system The registrar uses the birth certificate to enter the child information into the registration system

Why not registered? Birth in remote areas Birth in remote areas Ineligible parental status Ineligible parental status Parents’ lack of knowledge and awareness Parents’ lack of knowledge and awareness Parents’ attitude Parents’ attitude Health officers and registrars lack knowledge and awareness Health officers and registrars lack knowledge and awareness Health officers’ and registrars’ attitudes Health officers’ and registrars’ attitudes Unclear guidelines, rules, and regulations Unclear guidelines, rules, and regulations Language barriers Language barriers

Strategic plan Aim to provide Thai residents with equal rights and equal access to basic needs, i.e. education, health, and others Aim to provide Thai residents with equal rights and equal access to basic needs, i.e. education, health, and others Aims to provide Thai residents with status to live freely and openly without having to hide from authorities Aims to provide Thai residents with status to live freely and openly without having to hide from authorities Does not aim to give Thai nationality to anybody without taking into account of qualifications and rules Does not aim to give Thai nationality to anybody without taking into account of qualifications and rules

People covered under the Strategic Plan Thais and ethnic groups who live in Thailand for a long time and are in the process of receiving Thai nationality: ~480,000 Thais and ethnic groups who live in Thailand for a long time and are in the process of receiving Thai nationality: ~480,000 Those who are studying in Thailand but do not have legal status from kindergarten to college: ~60,000 Those who are studying in Thailand but do not have legal status from kindergarten to college: ~60,000 Those considered made benefits to Thailand: number unspecified Those considered made benefits to Thailand: number unspecified Those without parents (rootless): number unspecified Those without parents (rootless): number unspecified Registered migrants who may not be approved by their country of origin Registered migrants who may not be approved by their country of origin

Challenges

Challenges Database: Database: No database of undocumented Thais No database of undocumented Thais Duplication of ID cards between hill tribes/ethnic groups and migrants from neighboring countries Duplication of ID cards between hill tribes/ethnic groups and migrants from neighboring countries Effective mechanism to include undocumented Thais Effective mechanism to include undocumented Thais

Challenges Attitudes towards ethnic groups Attitudes towards ethnic groups Complicated registration process Complicated registration process Unclear guidelines/policy -- inconsistent practice Unclear guidelines/policy -- inconsistent practice Law that excludes children of undocumented parents from registration Law that excludes children of undocumented parents from registration