In actual fact, Thailand’s implementation of a Thai-only language policy
imposes a linguistic criterion in determining who will have access to
public education opportunities or public employment prospects, or at the
very least favours some and disadvantages others through this official
preference for the Thai language.17 In other words, Thailand is actually
generating a distinction based upon language. The degree by which an
individual enjoys, benefits from or has access to state services or benefits
thus becomes contingent on the individual’s level of fluency in the Thai
language. An individual who possesses a high level of competency in the
Thai language, and this is someone who is most likely a Thai-Buddhist,
will have a much higher opportunity of benefiting from state services and
opportunities as opposed to a Malay, who in many cases may lack the
required language proficiency.18
Essentially, the test used to determine discrimination is one of
‘reasonableness’.19 Thailand’s policy or practice may impose differential
treatment on individuals, but it will only constitute discrimination if it is
for an illegitimate purpose, or is unreasonable in excluding the use or
recognition of the Malay language in the circumstances.20 In determining
whether a particular distinction is unreasonable, it is necessary to carry out
‘a balancing act between the interests and priorities of the government,
which usually reflect those of the majority group, and the interests and
rights of individuals affected’.21
3.1 The Disadvantage
Thailand’s exclusive use of the Thai language in state activities and
services is not a neutral act as it signals the dominance of the Thai
language over all others.22 It is a preference based upon language, which
favours those who have Thai as a primary language and hence is
potentially discriminatory. The knowledge of Thai is a requirement for
complete access to state services and resources such as public education
and public employment. This policy disadvantages the Malays as they are
denied the same benefit or privilege: their primary language, Malay, is not
used for access to state services, as medium of education in state schools,
or as work and employment language in the country’s civil service, even in