‘Diagnosing’ Statelessness
Commonly deemed the ‘father of the country’, King Bhumibol’s call for inclusion
and standardised treatment toward the non-citizen ‘Other’ holds a legitimising
effect for those mobilising for the citizenship rights of stateless persons in
Thailand. The very same quote also reflects a common view among the Thai
policymakers that statelessness is not only a problem of individual human security
but that of national security. The late King’s words were referenced in an official
letter issued by the Ministry of Interior on 12 May 2016. 2 Classified as ‘Extremely
Urgent’, the letter urges all provincial governors and district officials in the
country to be determined to address legal status and nationality issues in honour
of the 70th anniversary of his reign, prompting one to wonder what would come
after the commemoration. 3 The letter summarises the principles of obtaining Thai
citizenship and outlines specific instructions and warnings for operational
bureaucrats. 4 Attached to the letter is an eight-page document containing flow
charts with a detailed break-down of the required documentary evidence and the
appropriate decision-making for a multitude of legal scenarios. 5 In addition to
reminding local officials to follow strictly the rules and protocols, it also urges
them to be careful not to create any opportunities for any exploitations or
corruption regarding civil registration and citizenship granting. The letter also
encourages the flow charts be printed off and posted in local district offices so that
they are visible to the public. 6 The letter and the methodological charts indicate a
serious attempt to standardise bureaucratic practices. They also suggest that once
a case undergoes proper ‘diagnosis’, 7 a legal solution will emerge and will be
smoothly executed.
As a country with a large stateless population, Thailand is a key target country
for the United Nations High Commissioner for Refugees (‘UNHCR’)’s global
campaign on statelessness eradication by 2024 (also known as #IBELONG). 8
While it is widely acknowledged that statelessness is complex and multi-faceted,
with ‘no singular appropriate way to respond’, 9 statelessness in Thailand is
primarily cast by the state and some activists as an individual legal status issue,
which can be resolved by standardised evidentiary procedures. During my
fieldwork, I encountered statelessness being described by some activists and
2
3
4
5
6
7
8
9
Letter from Ministry of Interior (Thailand) to the Governor of each province, 12 May 2016
[tr
author]
(‘2016
Letter’)
<https://www.bora.dopa.go.th/nationclinic/images/document/Citizenshipdiagnostics.pdf>. I
have observed that this usage in the official communication could be considered as the success
of the non-governmental organisation networks in their campaign, but this is not the objective
of my research.
ibid 1. I conducted my fieldwork intermittently from September 2015 – January 2018,
totalling 12 months. My fieldwork started before, and lasted after, King Bhumibol’s death in
October 2016. This letter was issued before his death.
2016 Letter (n 2). These warnings include ‘beware of new illegal immigrants or labour
migrants who claim to be members of highland communities’: at 2 [4.4].
ibid 4, citing Permanent Secretary of the Interior, Guidance on Diagnosing Nationality and
Resolving
Legal
Status
Issues
(Guidelines,
12
May
2016)
<https://www.bora.dopa.go.th/nationclinic/images/document/Citizenshipdiagnostics.pdf>.
2016 Letter (n 2) 3.
ibid 4.
‘#IBelong Campaign to End Statelessness’, United Nations High Commissioner for Refugees
(Web Page) <https://www.unhcr.org/en-au/ibelong-campaign-to-end-statelessness.html>.
Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness
(Routledge 2017) 2; see also Benjamin Lawrance and Jacqueline Stevens (eds) Citizenship in
Question: Evidentiary Birthright and Statelessness (Duke University Press 2017); Jacqueline
Bhabha (ed) Children Without a State (The MIT Press 2011).
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