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). 11

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