Stateless Indigenous People(s)
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them extremely vulnerable, not only to abuse as cheap laborers and in relation
to crimes like human trafficking, but also in relation to violations of many
(other) basic human rights by ‘their own’ Thai authorities. More specifically,
those people are denied:
the right to vote and to participate in the administration; the right to land
ownership; the right to travel beyond their home districts or provinces,
which limits their job opportunities; the right to attend school, or if given
the chance to attend, the right to obtain a certificate after finishing
school; the right to access state welfare services such as medical care12
and treatment.13
The study on the Chakmas in India further mentions: being denied the right to
open a bank account; being prohibited from getting married with persons
from other communities; and not being able to register births and deaths.’14
The following Part contains additional information on this matter.
3
Nationality and Indigenous People: Two Selected Issues
Nationality as the Basis for other Rights: The Importance of Birth
Certificates
One reason why indigenous people are especially vulnerable to statelessness
is the difficulties they face regarding the registration of births. Lack of birth
registration, especially when combined with other factors such as migration,
discrimination or intergenerational lack of documentation, does cause problems in relation to recognition of nationality and often leads to a situation
where – even if the person would be entitled to nationality under the law – the
state does not recognize the person as a national because it is not convinced of
the facts of birth. Not being recognised as a national by any state is in fact equal
to statelessness, while receiving a birth certificate can be seen as a first link in
a chain of rights: if missing, the rest is often problematic as well.15 And although
3.1
12
13
14
15
IRIN ‘ASIA: Indigenous groups - Stateless and Sick’ (n 5).
Ibid, 39 and Mahanirban Calcutta Research Group ‘The State of being Stateless: A Case
Study on Chakmas in Arunachal Pradesh, India’ <http://mcrg.ac.in/Statelessness/
Statelessness_Concept.html> accessed 21 October 2013.
Mahanirban Calcutta Research Group (n 13).
UN Convention Relating to the Status of Stateless Persons, 1954, art. 1: ‘For the purpose of this
Convention, the term “stateless person” means a person who is not considered as a national
by any State under the operation of its law.’ For further clarification, see: UNHCR,
tilburg law review 19 (2014) 98-107