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VAN WAAS ET AL.
Keywords
statelessness – human trafficking – subjective legal empowerment – methodological
approach
1
Introduction
It is a common claim and widely held perception that statelessness puts a
person at greater risk of becoming a victim of human trafficking.1 However, the
causal link between statelessness and trafficking has never been decisively
demonstrated using empirical data. In order to fill this information gap, the
authors sought to develop and pilot a methodology that would enable the
interaction between statelessness and trafficking to be mapped.2 Thailand
was selected as the location in which to field-test this methodology, since it
has a large and long-standing statelessness problem.3 Besides, it is precisely Thailand’s situation that is most often cited as an example when the
connection is made between statelessness and trafficking.4 Nevertheless,
1 United States Department of State, Trafficking in Persons Report 2012 (2012) <http://www
.state.gov/j/tip/rls/tiprpt/2012/192368.htm> accessed 5 October 2013; C. Foster Crawford,
‘Cultural, Economic and Legal Factors Underlying Trafficking in Thailand and their Impact
on Women and Girls from Burma’ (2006) 12 Cardozo Journal of Law & Gender 821;
UNIAP, SIREN Human Trafficking Data Sheet (2008) <http://www.no-trafficking.org/reports
_docs/
thailand/datasheet_thailand_oct2008.pdf> accessed 3 November 2013; D. Brennan,
Victim-Centred Prevention Methods of Human Trafficking in the Greater Mekong Sub-Region – an
Examination of Grass-roots and Governmental Efforts, unpublished paper (2013) on file with
the author.
2 This project was made possible by a research grant from the United States Department of
State, Bureau for Population, Migration and Refugees.
3 Thailand is home to a stateless population currently estimated at just over half a million
people. UNHCR, Global Trends 2012 – Annexes. Table 7, Persons under UNHCR’s statelessness
mandate (2013) <http://www.unhcr.org/globaltrends/2012GlobalTrends_0913.zip> accessed 5
October 2013.
4 This is pointed out, for instance, in L. Kingston, ‘A Forgotten Human Rights Crisis: Statelessness
and Issue (Non) Emergence’ (2013) 14 Human Rights Review 73. For relevant publications on
Thailand, see Vital Voices Global Partnership, ‘Stateless and Vulnerable to Human Trafficking
in Thailand’ (2007) <http://www.humantrafficking.org/uploads/publications/Vital_Voices
_Stateless_and_Vulnerable_to_Human_Trafficking_in_Thailand.pdf> accessed 3 November
2013; Y. Lertcharoenchok, ‘Searching for identity’ in Step-by-Step Newsletter from the InterAgency Project on Trafficking in Women and Children in the Mekong Sub-Region (2001) <www
.no-trafficking.org/content/pdf/issue5.pdf> accessed 3 November 2013.
tilburg law review 19 (2014) 303-312