Internal Displaced Persons: A Case of Thailand

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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
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Outline

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

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• Undocumented Thais

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No documents, no rights

• Tsunami -- a considerable number of Thais,
  especially children, do not have documents
• A number of people missing in the registration
  system
• No documents-- not registered at birth, lost
  documents
• 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

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No documents, no rights

• The number of unregistered Thais is not known
• Estimated about 3 newborns unregistered
• Difficult lives of unregistered Thai-born
  children of Thai parents increasingly reported in
  medias

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Undocumented Tsunami victims in Pang-nga province

• All were not registered at birth
• Most born outside health facilities
• Born in health facilities but the registration
  process not completed
• 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

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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

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• Hill tribes and ethnic groups

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Hill tribes and ethnic groups

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

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Hill tribes and ethnic groups

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

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Hill tribes and ethnic groups

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

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Hill tribes and ethnic group

• 400,000 granted illegal migrant status allowed
  for temporary stay
• 53 males Chiengmai, Chiengrai, Kanchanaburi,
  Maehongson, and Ranong

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Hill tribes and ethnic group

• 70,000 Children of hill tribes and ethnic
  groups
• Status children of the above
• Chiengrai, Chiengmai, Bangkok, Kanchanaburi, and
  Saraburi

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Hill tribes and ethnic groups by age group
Source Achavanitkul, 2006
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Children of hill tribes and ethnic groups by age
group
Source Achavanitkul, 2006
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Some limitations to acquire education among
children of ethnic groups

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

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• Recent illegal migrants
• from neighboring countries

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Recent illegal migrants

• 1996 registration for illegal migrant workers
• 2004 registration for migrant workers,
  dependents, and employers
• The Registration Office, Ministry of Interior
• Registration (free)
• Health check-up (600)for health insurance (1300)
• Work permit (1001800)

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Recent illegal migrants

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

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Registered illegal migrants by age groups
Source Achavanitkul 2007
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Recent illegal migrants

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

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• Birth registration

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Birth registration

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

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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

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Who are included in the registration system?

• The Registration Act, 1991
• Thai nationals
• Legal migrants (valid visa and passport)
• Thai residents who received color ID cards
  (ethnic groups)
• Illegal migrants who are registered

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Who are excluded?

• 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

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How to register the newborn?

• Hospital or place of birth delivery issues a
  birth document
• Report the birth to local registrar a birth
  report
• 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

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Why not registered?

• Birth in remote areas
• Ineligible parental status
• Parents lack of knowledge and awareness
• Parents attitude
• Health officers and registrars lack knowledge and
  awareness
• Health officers and registrars attitudes
• Unclear guidelines, rules, and regulations
• Language barriers

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Strategic plan

• 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
• Does not aim to give Thai nationality to anybody
  without taking into account of qualifications and
  rules

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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
• 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 without parents (rootless) number
  unspecified
• Registered migrants who may not be approved by
  their country of origin

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• Challenges

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Challenges

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

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Challenges

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