governmental organizations, or have to pay high fees. Lack of citizenship restricts movement outside one’s province, further narrowing opportunities to access employment and education. Stateless people are unable to join labour unions, own land, and vote in elections.20 20 The denial of these fundamental rights increases the vulnerability of stateless people to socio-economic exploitation, particularly exploitative labour and human trafficking. National Law 21 The 1972 Decree No. 337 (‘Decree’) was a primary cause of statelessness in Thailand, restricting jus soli enjoyment of the right to nationality to exclude those considered to be “illegal immigrants”.21 Although this Decree was subsequently repealed, the jus soli restriction remains in force today. The 1965 Nationality Act B.E.2508 (‘Nationality Act’), states that “a person born of a father or a mother of Thai nationality, whether within or outside the Thai Kingdom” can acquire nationality. 22 However, Section 7 b provides that those born to parents within the territory who hold temporary residency, or who have “entered and resided in the Thai Kingdom without permission under the law on immigration” are not entitled to citizenship. Although Section 7 b provides a pathway to Thai nationality by application for stateless children born in Thailand, the process is burdensome and time consuming. 22 A 2008 Amendment to the Nationality Act (‘Amendment’) was passed, which provides that anyone whose nationality was revoked by the 1972 Declaration, or who failed to acquire nationality while this Declaration was in force (1972–1992) could acquire Thai nationality if they provide evidence of their birth, and subsequent domicile, in Thailand, and also demonstrate good behaviour.23 23 Children born to non-Thai parents, including stateless parents, who do not have permanent residency status, must apply for Thai nationality and meet certain eligibility criteria.24 The Minister of Interior may grant Thai nationality to any person regardless of their parentage, though this is decided on an ad hoc basis.25 Further, a person born to a non-citizen parent who obtains Thai nationality is liable to having their nationality revoked,26 and the Nationality Act does not include safeguards that ensure that renunciation, loss or deprivation of nationality do not lead to statelessness. 24 A 2016 Cabinet Resolution states that children are eligible to apply for Thai nationality if, inter alia, they were born in Thailand to parents from ethnic minority groups, were registered by the Ministry of Interior, and have lived in Thailand for more than 15 years. Abandoned children whose parents are unknown can also apply if they are 20 J. Park, J. Tanagho, M. Weicher Gaudette, ‘A Global Crisis Writ Large: The Effects of Being “Stateless in Thailand” on Hill-Tribe Children,’ San Diego International Law Journal (2019). 21 The decree provided that those born to foreign parents were unable to acquire nationality unless both parents had permanent residence. This applied not only to children born after 1972, but also applied retroactively, resulting in revocation of nationality. The hill tribe people were disproportionately affected due to civil registration, immigration and documentation issues. 22 Nationality Act B.E.2508 1965 (Thailand), Section 6. 23 ibid, Section 7. 24 UNHCR, ‘Good Practices Paper – Action 7: Ensuring Birth Registration for the Prevention of Statelessness’ (2017). 25 Nationality Act B.E.2508 1965 (Thailand), Section 7 bis. 26 Ibid, Section 17. 5