SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA There has been extensive focus from UN agencies, the Thai government and academics on the situation of statelessness in Thailand.3131 Statelessness in Thailand largely affects ethnic minority groups (‘Hill Tribe’ populations) in northern Thailand, specifically near the ThaiMyanmar border.3132 In 2021, it was estimated that 81% of the stateless population in Thailand resides in border areas.3133 Over the past decade, the Thai government has worked in partnership with UNHCR and NGOs to both expand the rights of non-citizens and to identify and provide access to citizenship for those children entitled to it. Between October 2020 and September 2021, 2,740 stateless persons were granted citizenship.3134 Because of the exemplary work of the Thai government in identifying stateless persons, the figures of statelessness in Thailand have increased in the last five years from 443,862 in 2015 to 574,219 in 2022.3135 There was a significant spike in the population between 2020 and 2021, increasing by a total of 80,832 stateless persons in just one year.3136 In a recent qualitative study on the experiences of stateless persons in Thailand, four types of perceived stigma were identified, including difficulty requesting that their needs be met, being unequal to others, being ineligible for healthcare services, and “being ranked below other hill tribe people who have IDs”.3137 The study noted that “the phrase ‘life is nothing’ was presented by the participants, who reported that they felt like an invisible population in Thailand”.3138 Participants of the study reported that they felt they experience SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA Between October 2020 and September 2021, 2,740 stateless persons were granted citizenship. Because of the exemplary work of the Thai government in identifying stateless persons, the figures of statelessness in Thailand have increased in the last five years from 443,862 in 2015 to 574,219 in 2022. less stigma if they do not leave their village, if they have a Thai ID, and if they can speak the Thai language, with having a Thai ID being perceived as of the utmost importance in avoiding stigma.3139 Persons at risk of statelessness Children of migrant workers, including ethnic Shan from Myanmar risk statelessness due to low levels of birth registration and exclusion from the mainstream campaigns run by the government of Thailand to identify and register stateless populations.3140 Children born to stateless parents as well as foundlings may also be at risk due to gaps in protective legislation. Stateless Refugees In 2022, Thailand reported 321 stateless refugees, all of whom were Rohingya from Myanmar.3141 It is estimated that there are additionally 3,000 long-term Rohingya refugees who have resided in Thailand for more than two decades.3142 Rohingya and other Muslim groups with historic ties to Myanmar, including populations who have lived along the Thai-Myanmar border for generations have been excluded from government programs to identify stateless persons and provide access to citizenship.3143 TABLE 81 Reported stateless persons to the UNHCR Country Thailand 2019 (year start)3144 2020 (year end)3145 2021 (year end)3146 2022 (year end)3147 475,009 480,695 561,527 574,219 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. 270 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Causes of Statelessness Discriminatory nationality laws In the process of Thai nation-building in the 20th Century, Thai ethnicity and citizenship were deeply entwined. Members of nine ethnic groups often referred to as ‘hill-tribe’ or ‘highland’ communities living in the North West of the country were largely excluded from recognition as citizens (excluded from earlier jus soli citizenship provisions), access to services and official citizen surveys until the mid-to-late 20th Century.3148 Following extensive activism and advocacy led by affected communities in the late 1990’s and early 2000’s thousands of members of ‘highland’ communities have gained citizenship, however distribution of citizenship across ethnic groups is not unanimous and thousands still lack access to citizenship.3149 Today, members of these communities continue to be denied freedom of movement and lack access to a wide range of rights including voting, ability to own land, access to bank credit, and employment.3150 While the 2008 amendments to the Nationality Act allowed for foreign spouses to apply for Thai citizenship without the requirement of permanent residence3151, the Act still does not allow for full gender equality in the ability to confer citizenship to foreign spouses.3152 An alien woman married to a Thai man applying for citizenship will be granted citizenship by birth; however, an alien man married to a Thai woman will gain citizenship by naturalization only, which warrants different political rights.3153 Citizenship acquired through naturalization is less secure than citizenship by While the 2008 amendments to the Nationality Act allowed for foreign spouses to apply for Thai citizenship without the requirement of permanent residence , the Act still does not allow for full gender equality in the ability to confer citizenship to foreign spouse. birth with the decision to revoke citizenship by naturalization being up to the discretion of the government.3154 Before the 2008 amendment to the Nationality Act, many Thai women lost their nationality as a result of provisions that stipulated that a Thai woman who marries a foreign man voluntarily loses her Thai citizenship.3155 As a result, some women who became stateless as a result of losing Thai citizenship and being unable to acquire their husband’s citizenship may still be resolving their cases.3156 Lack of legal safeguards against childhood statelessness Thailand’s citizenship legislation may provide avenues to citizenship to children of stateless parents who have regularised stay in Thailand but this does not apply for those children whose parents are residing in the country illegally or on a temporary basis.3157 An amendment to civil registration legislation in 2019 allowed foundlings to acquire Thai nationality through naturalization; however, there are many conditions of naturalization that limit many foundlings from accessing the naturalization process.3158 Administrative barriers Administrative barriers have continued to limit the ability of members of ‘highland’ communities to gain citizenship. Differentiation in treatment by officials, lack of documentation, ingrained concepts of communities as ‘mobile’ and physical/ geographic barriers to accessing communities have complicated the citizenship application/ verification process.3159 The application process has been reported to take 4.5 years on average, Administrative barriers have continued to limit the ability of members of ‘highland’ communities to gain citizenship. REPORT 2024 271