16 At the 2019 UNHCR High Level Segment on Statelessness, Thailand committed to: a. Expedite processes to address statelessness among the elderly; b. Promote access to education for stateless children; c. Enhance social protection for stateless persons; d. Enhance effectiveness of the systems to facilitate stateless persons to access civil registration services; e. Enhance partnership among all sectors of society to raise awareness on the roles, duties, rights, and process regarding birth and civil registration of stateless persons, especially the hard-to-reach population; f. Adjust regulations for granting nationality and civil rights to cover target groups to access naturalisation process equally and equitably; and g. Promote international and regional cooperation in addressing statelessness.13 Snapshot of Statelessness in Thailand 17 Thailand is home to the fourth largest known stateless population in the world with 479,943 stateless persons reported by the Government as of June 2020.14 This number represents those registered with the Government in the civil registration system, and therefore, the real number is likely to be higher. Predominantly, stateless people in Thailand are: various ethnic minorities who live in the highland areas,15 known as ‘hill tribe’ people; descendants of former Thai nationals who lost their nationality as a result of border demarcation; and descendants of migrants who fled from conflict or persecution in other countries.16 While there is no clear statistical information, an estimated 3,000 stateless Rohingya have also settled permanently in Thailand.17 In addition to children born to stateless parents, abandoned children, foundlings, and children of migrant workers, are also at risk of statelessness if they are not registered or are unable to acquire the nationality of their parents’ country.18 18 The main causes of statelessness are attributed to systemic discrimination and exclusion of ethnic minorities, changes and gaps in the nationality framework, lack of safeguards for otherwise stateless children, bureaucratic failures, erratic and incomplete civil registration, and complications due to language barriers, illiteracy and remote living19 and displacement and migration. Although there have been steps taken to address gaps in the nationality law, significant challenges around implementation have left many undocumented refugees and migrants without protection. 19 Stateless people, particularly those who are undocumented, are denied many rights on account of their status and (lack of) documentation. Although many stateless people registered with the government are able to access the Thai national healthcare plan, others do not have access to health care, have limited access through non- 13 UNHCR, ‘Results of the High-Level Segment on Statelessness’ (October 2019). UNHCR, ‘Thailand: Fact Sheet’ (30 September 2020). 15 The Regulation of the Central Registration Bureau on the Registration of Highlanders’ Legal Status (2000) identifies 9 ethnic minority groups (Karen, Hmong, Yao, Akha, Lahu, Lisu, Lua, Khamu and Mlabri) and defines them as ‘indigenous groups who have been living in the highlands and have their own cultural identity, belief, language and way of living.’ It recognizes that ‘other ethnic minorities or others are living in the same areas.’ 16 UNHCR, ‘Good Practices Paper – Action 7: Ensuring Birth Registration for the Prevention of Statelessness’ (2017), page 23. 17 Equal Rights Trust et al, ‘The Human Rights of Stateless Rohingya in Thailand’ (February 2014). 18 UNHCR, ‘Good Practices Paper – Action 7: Ensuring Birth Registration for the Prevention of Statelessness’ (2017), page 23. 19 ibid, pages 23–24. 14 4