Thailand’s End ASIA SUB-REGIONALPledge OVERVIEW:to SOUTHEAST Statelessness SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA TABLE 80 Status of Accession of International Human Rights Treaties in Southeast Asia Country Thailand ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee ⛔ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention Treaty ratification status Thailand has ratified ICCPR, ICESCR, ICERD, CRC, and CEDAW; however, the country notably is yet to ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, and the 1951 Refugee Convention and its 1967 Protocol. Thailand has made one notable reservation relating to statelessness on Article 22 of CRC, which affords the rights set out in the Convention to refugee and asylum-seeking children.3103 In 2017, the Human Rights Committee expressed concerns in its concluding observations about the high number of stateless persons in Thailand, especially considering the lack of access to basic services, lack of access to education for stateless children, and increased vulnerability of stateless persons to human trafficking.3104 This concern was echoed in 2022 concluding observations by the CERD Committee.3105 It was recommended that Thailand ensure that rural and isolated populations are informed of and have access to processes that relate to citizenship acquisition.3106 The Committee also raised concern over “reports of discrimination and violence against” groups including stateless people as well as travel restrictions enforced on migrants with regularized status.3107 Further, it was mentioned that the lack of protection for indigenous persons and communities causes them to endure discrimination, specifically with regard to acquisition of citizenship.3108 The CESCR Committee also expressed concerns in its 268 ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness concluding observations over Thailand’s lack of recognition of indigenous peoples.3109 As a party to ICCPR, Thailand is committed to ensuring that every child has the right to acquire a nationality as well as to guarantee non-discrimination in the enjoyment of rights.3110 In its 2022 concluding observations, the CERD Committee recognized the lack of disaggregated data on population demographics, in particular for indigenous peoples, ethnic and ethno-religious groups, migrants, refugees, asylum seekers and stateless persons, to be able to evaluate the protection of the rights enjoyed by these groups.3111 The Committee was also concerned about “reports of collection of DNA samples from stateless persons living in southern border provinces and remote areas as a means to prove their right to citizenship”.3112 It was recommended that Thailand abolish this discriminatory practice and instead increase efforts to ensure access to birth registration and citizenship for all.3113 By ratifying the ICERD, Thailand has committed itself to ensure no discrimination based on nationality or legal status as well as the right to a nationality.3114 Due to barriers including language, living in remote areas, and limited awareness of Thai laws, ethnic and ethno-religious groups, indigenous peoples, migrants, refugees, asylum seekers and stateless persons are often unable to access legal aid, which Thailand could amend by eliminating such barriers.3115 Further, during COVID-19, Thailand did not provide socioeconomic relief packages to those without identity documents, compounding STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Further, during COVID-19, Thailand did not provide socioeconomic relief packages to those without identity documents, compounding the disproportionate impact of the pandemic on stateless persons. the disproportionate impact of the pandemic on stateless persons.3116 In response, Thailand stated that two health care schemes were available to stateless persons during the pandemic3117; however, the CERD Committee found this response unsatisfactory as the mentioned groups included in the health schemes are not included in the primary public health service system.3118 Concluding observations by the CEDAW Committee in 2017 cited concerns over the remaining gender discriminatory provisions in Thailand’s citizenship legislation which applies “stricter conditions for Thai women to confer their nationality on foreign spouses”.3119 As a party to CEDAW as well as ICCPR, the country is obligated to ensure gender equality in its nationality laws.3120 The CEDAW Committee was also concerned that men are prioritized to register for citizenship over women in ethnic minority and indigenous communities, leaving many women in these communities stateless.3121 This results in affected women having “restricted freedom of movement and limited access to education, employment, health care, and social protection”.3122 Further, the Committee highlighted that a significant number of children lack birth registration documents or their births are unregistered, leaving them at risk of statelessness.3123 This was also mentioned in concluding observations by the CRC Committee in 2012, which added that children living in poverty, children of indigenous groups, and migrants are especially vulnerable to non-registration.3124 As a party to CRC, Thailand has committed to ensuring that every birth in its territory is registered immediately and that all children have the right to acquire a nationality.3125 Thailand has endorsed the #IBelong campaign by UNHCR to end statelessness by 2024 as well as committed to ensuring that stateless people have a path to obtaining legal status.3126 As a part of the 2023 Global Refugee Forum, on December 21, 2023, Thailand pledged to “resolve statelessness, with priority being given to children born in Thailand”.3127 The government set out its objectives for resolving statelessness as: 1. “Developing, within two years, a national action plan on the reduction of statelessness and the management of forcibly displaced persons in Thailand, with priority given to stateless children, and through collaboration between government agencies, private sector, and civil society”; 2. “Enhancing effectiveness of the systems to facilitate access by stateless persons to civil registration services, with a view to expediting the process for children born in Thailand and the elderly”; 3. “Reviewing existing laws and regulations related to nationality, civil registration and immigration, in order to facilitate access to legal residence, nationality and civic rights, particularly for children born in Thailand; as well as” 4. “Cooperating with UNHCR and joining the Global Alliance to End Statelessness”.3128 Population Reported stateless persons Thailand has the second largest stateless population in Southeast Asia, reporting 574,219 stateless persons to UNHCR in 2022.3129 This figure includes 573,900 stateless persons reported by the Royal Thai Government who are registered in the national civil registration system as well as 321 stateless Rohingya refugees counted by UNHCR.3130 This notably does not include those groups whose births have not been registered. 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