all.56 The exercise of the right to freedom of movement, protected under Article 12 of
the ICCPR, is thereby significantly constrained.
51
Right to education: Children without Thai nationality are 73% less likely than Thai
nationals to enter primary school, and 98% less likely to progress to higher
education.57 The right to education is a universal right protected under various human
rights treaties (see for example, CRC Articles 28 and 29). In 2005, Thailand developed
an ‘Education for All’ policy that allows all children to access schooling, regardless of
their nationality or legal status. However, this policy has not fully resolved problems
in realising the right to education, as many are not able to pay the fees for higher
education, and stateless people cannot access governmental study loans. They face
language barriers as well as the risk of arrest, and detention. Restrictions to
movement present a challenge to physical access to appropriate schooling
opportunities, and many children drop out due to schools being far away.58 Moreover,
even under this policy, asylum seeker and refugee children can only enrol at the
discretion of local schools that often require proof of documentation for all applicants.
They are often denied access due to discrimination, thus undermining the policy
objective of the Resolution.59
52
Right to work: Lower levels of employment result partly from low levels of education;
but also other factors such as discrimination by employers, who often prefer to hire
citizens or pay stateless people less. Denial of freedom of movement prevents many
from seeking higher income work away from their provinces, and village work often
is seasonal and uncertain, leading to lower and less reliable income. Stateless people
have to find jobs outside the formal industry, or in agriculture, where wages are low
and labour rights are not always protected. The right of everyone to work is
entrenched in the ICESCR, and the ASEAN Human Rights Declaration, and Thailand has
obligations to protect these rights. Lack of access to land rights may further
exacerbate the possibilities to earn an income and contribute to poverty.
Exploitation and trafficking
53
Thailand has been a source, destination and transit country of forced labour and sex
trafficking for many years. This can take the shape of working in factories, begging on
the streets or being put to work in massage parlours.
54
Statelessness can be a cause and consequence of trafficking. Abuse by traffickers can
include the withholding of work and identity documents, which can put the person at
risk of statelessness. In Thailand, this particularly applies to migrants from
surrounding countries who fled conditions of poverty and/or oppression, particularly
those from Myanmar, Cambodia and Laos.60
55
Conversely, statelessness can also leave a person more vulnerable to trafficking.
Travel restrictions and limited access to the labour market combined with
56
Institute on Statelessness and Inclusion, ‘Submission to the Human Rights Council at the 25th Session of the Universal
Periodic Review: Thailand’ (2015).
57 UNHCR, Regional Expert Roundtable on Good Practices for the Identification, Prevention and Reduction of Statelessness and
the Protection of Stateless Persons in South East Asia (2010), page 10.
58 ‘Stateless children still missing school’ The Nation Thailand (21 July 2015).
59 Equal Rights Trust et al, ‘The Human Rights of Stateless Rohingya in Thailand’ (February 2014).
60
M. Hoornick, ‘The statelessness-trafficking nexus. A case study in Thailand’, International Institute for Asian Studies (2020).
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