Birth Registration in Thailand Karn Sermchaiwong Member of the Sub-Committee on Ethnic Problems of the National Human Rights Commission Presented at the LAC Workshop, Mae Sod 28 August 2008

Benefit of Birth Registration A child’s personal status is recognized by the state that registers the birth of such person A child will get a document (birth certificate) to prove his/her identity Such document provide information on the child’s parents, place of birth and date of birth – essential for such child to prove his/her nationality in the future (not necessarily Thai Nationality)

Birth Registration Civil Registration Act B.E. 2534 (1991) A child born in Thailand & Father or Mother is Thai or migrant with legal status (permanent residential status or temporary residential status) must be registered at birth and get birth certificate A child born in Thailand & both parents are illegal migrants is not entitled to get birth certificate Amendment No. 2, B.E. 2551 (2008) Every child born in Thailand must be registered at birth and get birth certificate

1. Either father/mother is Thai or migrant with legal status in Thailand A child born in Thailand Delivery outside hospital Delivery at a hospital Head of village Issue Delivery Certificate Issue document recognizing birth notification 15 days Notify birth to Civil Registrar Civil registrar registers birth & issues Birth Certificate

2. Father & mother are illegal migrants A child born in Thailand Delivery outside hospital Delivery at a hospital Head of village Issue Delivery Certificate Issue document recognizing birth notification 15 days Notify birth to Civil Registrar Civil registrar registers birth & issues Birth Certificate

2a. Father & mother are illegal migrants (refugees from Burma in camps) A child born in Thailand Delivery outside hospital Delivery at a hospital Delivery at a clinic in camp Issue Delivery Certificate The Clinic issues Delivery Certificate (DR) Submit DR to Civil Registrar Civil registrar signs in the Delivery Certificate

The effect of the Civil Registration Act (Amendment No. 2) B. E Section 16 – Birth registration and the issuance of birth certificate for children born to migrants in Thailand including those with illegal status (Revised Section 20 of the 1991 CRA) Section 17 – the issuance of delivery certificate (by civil registrar) for children born in Thailand but has no right to obtain birth certificate (Add Section 20/1 to the 1991 CRA) Section 14 – Birth Registration process for a neglected newborn or baby (Revised Section 19 of the 1991 CRA) Section 15 – Birth Registration process for street children, children with an unknown parent and abandoned children (Add Section 19/1 to the 1991 CRA)

Father or Mother is Thai or migrant with legal status in Thailand Every child born in Thailand Delivery outside hospital Delivery at a hospital Head of village Issue Delivery Certificate Issue document recognizing birth notification 15 days Notify birth to Civil Registrar Civil registrar registers birth & issues Birth Certificate

Father & mother are illegal migrants (including refugees in camps in Thailand) Every child born in Thailand Delivery outside hospital Delivery at a hospital Head of village Issue Delivery Certificate Issue document recognizing birth notification 15 days Fear of Arrest due to Illegal Status of Illegal Migrants Outside Refugee Camps Notify birth to Civil Registrar Civil registrar registers birth & issues Birth Certificate

Possible Birth Registration System in Camps Every child born in Thailand Delivery outside hospital Delivery at a hospital Delivery takes place at the clinic Issue Delivery Certificate The clinic issues delivery certificate 15 days Notify birth to Civil Registrar Civil registrar registers birth & issues Birth Certificate

What happen to children born prior to August 23, 2008 ? The 2008 Civil Registration Act (Amendment No. 2) has no retroactive effect for children born to illegal migrants prior to August 23, 2008 Children born to illegal migrants cannot get birth certificate They must get delivery certificate issued by hospital or clinic in refugee camps Children with no delivery certificate should request delivery certificate from the district office (no guarantee that they will get it) to be deleted - Not possible to get Deliver Certificate according to Section 20/1 (Tor Ror 20/1)

23 August 2008 Either Father or Mother = Thai / Migrant + Legal Status Either Father or Mother = Thai / Migrant + Legal Status Born at a hospital = DC + BC Born at a hospital = DC + BC Born outside hospital = BC Born outside hospital = BC Father and Mother = Illegal Migrants Father and Mother = Illegal Migrants Born at a hospital = DC + BC Born at a hospital = DC Born outside hospital = Born outside hospital = BC Born at a clinic in camp = DC Born at a clinic in camp = DC + BC?

Recommendations Meeting between Ministry of Interior & UNHCR, NGOs, CBOs, Camp Committees of 9 camps MOI to present the effect of the Civil Registration Act (Amendment No. 2) B.E. 2551 (2008) Discussion on birth registration for children born to refugees in camps according to the above Act