understanding of the laws and procedures, also affect the ability to acquire
nationality.
47
There are further bureaucratic obstacles, the application process involves presenting
many documents, and long and expensive travel to the offices. Although since 2016,
stateless persons are allowed to travel within their designated province without
permission, travel outside their province, can still be challenging, undermining access
to the application procedure. A 2015 study found that the average application time
was over 4.5 years; and over 30% of applications were rejected. It has also been
reported that in order to apply, a person’s name needs to be listed in an
announcement first. 52
Issue 3: Denial of human rights of stateless people in Thailand
48
Right to health: The CRC obligates states to ensure “the right of the child to the
enjoyment of the highest attainable standard of health”. The right to health is also
guaranteed in Article 12 of the ICESCR and Article 29 of the ASEAN Human Rights
Declaration. Thailand has an established healthcare coverage scheme, which ensures
free medical care to all Thai nationals. It also has a special budget allocated to provide
healthcare to people with unclear status, the ‘Health Insurance for People with
Citizenship Problems’ (HIPCP), which provides similar coverage to the scheme for
nationals. Stateless persons must follow several steps to qualify, including registering
with the ministry of interior, the ministry of health, and a local health clinic. Many
operational problems — such as delays, insufficient collaboration between public
health and interior ministries, and a lack of guidelines — have led to a failure to
provide adequate healthcare to all stateless persons. Other barriers include travel
time and costs, which are exacerbated in the rainy season. Although since 2016,
stateless persons are allowed to travel within their province without permission,
travel outside the province requires permission which can delay referral of severe
cases to better equipped hospitals. Moreover, the fund merely covers medical costs,
it does not guarantee stateless persons the right to healthcare, and there have been
many reports of healthcare providers denying healthcare in practice.53
49
Stateless children insured with the HIPCP are generally in a poorer state of health, use
in patient services 29% more than nationals covered by the universal scheme, and are
34% more likely to stay in hospital.54 There are approximately 80,000 undocumented
students registered in school, and as of 22 September 2020, 3062 were granted
permission to access healthcare.55 There is also low vaccination coverage and a lack
of routine immunisation, which is increasingly important, in the context of COVID-19.
50
Freedom of Movement: Stateless people need permission from the District Office to
travel outside their province. Travelling without such authorisation amounts to a
crime, penalised by a fine or detention. The role of community leaders is key in
acquiring a travel permit and they are sometimes required to accompany the
applicant to the district office. People without any identity papers cannot travel at
52
C. Rijken, L. van Waas, M. Gramatikov & D. Brennan, The Nexus between Statelessness and Human Trafficking in Thailand
(2015, Wolf Legal Publishers), p. 32.
53 National Health Security Office, ‘Healthcare rights of stateless people’ (June 2020).
54 Rosa Luxembourg Stiftung, ‘Atlas of the Stateless’ (2020).
55
UNHCR, ‘UNHCR welcomes move to strengthen healthcare for stateless students’ (25 September 2020).
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