certified as abandoned and have lived in Thailand for 10 years. Birth registration and documentation therefore serve as important evidence of entitlement to nationality.27 25 Although this provision has potential to benefit those whose nationality was revoked by the 1972 Decree; in practice, there are challenges related to satisfying evidentiary requirements; particularly given historic challenges related to universal birth registration. Moreover, the criterion of ‘good behaviour’ is highly discretionary and problematic for minorities who are subject to discrimination and stigmatisation. This undermines the objective of realising the right to nationality for a large number of persons who were arbitrarily deprived of this right. 26 In 2012, Thailand adopted a Comprehensive Strategy on Resolving the Problems of Irregular Migrants.28 However, stateless migrants and refugees from Myanmar, such as Rohingya, are not able to regularise their status in Thailand through this process and must continue to work irregularly.29 This disproportionately impacts Myanmar Muslims. 27 Amendments to the Civil Registration Law in 2008 also entitled all children born in Thailand to have their births registered, regardless of their own or their parents’ nationality, legal status or documentation. However, birth registration remains low, and still acts as a barrier to nationality acquisition. 28 In 2006, Thailand introduced a ‘Nationality Verification Registration’ to regulate the status of migrants, allowing irregular migrants to receive identity documents. However, the process is complicated and lengthy. Implementation is challenging due to lack of regulation, corruption issues and complicated bureaucracy.30 For migrants from Myanmar, conditions associated with processing these documents require the use of middlemen, raising the price considerably and increasing vulnerability to fraud.31 29 Non-Thai adults living in Thailand may apply for Thai naturalisation where they have good behaviour; a regular occupation; domicile in Thailand for a consecutive five-year period; and knowledge of Thai language.32 If an adult applying for naturalisation has children, they may concurrently apply for citizenship for their children, who are exempt from the above requirements, excluding that of ‘good behaviour’.33 30 However, the approval rate of permanent residency and naturalisation is significantly low, and extremely lengthy and burdensome. The average case takes 30 years, which is particularly onerous for the elderly.34 31 On 26 January 2021, Thailand’s Cabinet approved a Resolution on the Criteria for the Determination of Legal Status and Rights of Persons Having Migrated and Stayed in 27 UNHCR, ‘Good Practices Paper – Action 7: Ensuring Birth Registration for the Prevention of Statelessness’ (2017). Committee on the Elimination of Racial Discrimination, ‘Concluding observations on the first to third periodic reports of Thailand, adopted by the Committee at its eighty-first session (6–31 August 2012): Thailand’ CERD/C/THA/CO/1-3 (15 November 2012). 29 Burma Human Rights Network, Existence Denied – BHRN Report, (2018), available at: file:///C:/Users/amald/Downloads/Book_Existence%20Denied%20-%20BHRN%20FULL%20REPORT.pdf 30 M. Hoornick, ‘The statelessness-trafficking nexus. A case study in Thailand’, International Institute for Asian Studies (2020). 31 ‘Joint Submission on Migrant Workers and Their Families in Thailand for the 12th Session of the Universal Periodic Review’, (October 2011), p 2. 32 Nationality Act B.E.2508 1965 (Thailand), Section 10. 33 Ibid, Section 12. 34 ‘How to help the elderly and stateless’ Bangkok Post (1 October 2020). 28 6