THAILAND
A 2008 legislative amendment of the 1965 Nationality Act provided a pathway to Thai
citizenship for individuals born in Thailand prior to 1992, and 2016 cabinet resolutions
made around 80,000 stateless individuals eligible for naturalization: the children of
parents belonging to Hmong, Mon, Karen and other hill tribes, as well as Rohingya ethnic
communities (if those children were registered with the Ministry of Interior and had been
living in Thailand for at least 15 years, or had attained a bachelor’s degree.63 Orphaned
migrant children living in Thailand for 10 or more years who had certifications from relevant
ministries were also made eligible for naturalization.
MALAYSIA
The Federal Constitution of Malaysia provides that children born in Malaysia “who [are] not
born as a citizen of another country” and cannot acquire nationality of another country by
registration within a year of their birth are citizens of Malaysia by operation of the law.64 The
government of Malaysia has also extended efforts to enable access to birth registration with
campaigns targeting stateless and undocumented persons, and, in 2017, by amending the
country’s Birth Registration and Death Act—which requires that all births and deaths in the
country be registered—to extend the time frame for registering births in a bid to increase
overall registration rates.65
unable to benefit from these reforms. Positive experiences and examples to combat statelessness
and ensure birth registration may nonetheless be instructive in this regard. The 2016 cabinet
resolutions in Thailand provide a potential source of inspiration, as the effort did not only target
refugees, but a broader group of stateless communities that included hill tribes and other ethnic
minorities such as Karen, Hmong, Mon, and the Rohingya.66 Thailand has also had some success
in reinstating the registration of births following periods during which the practice had stalled.67
In Malaysia, despite the broad, protective nature of the constitution’s wording, practitioners
report that access to Malaysian citizenship for foundlings and otherwise stateless children is
extremely limited in practice and dependent on lodging individual legal challenges, as well as on
the discretion of High Court judges. While a small number of children have been able to access
their right to Malaysian citizenship, court decisions in individual cases do not create a justiciable
precedent, nor have they led to policy changes.
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UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA
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