You don't exist'
Children of illegal immigrants are robbed of their basic rights because the
authorities refuse to recognise their existence
Story by SANITSUDA EKACHAI
Thailand's human rights record suffered another blow this year when the authorities refused to
provide birth certificates for the newborn babies of illegal immigrants, for fear that the documents
could be used to claim Thai nationality.
Without documents, newborns remain non-entities, meaning that they do not exist legally. That
means no education. No health care. No opportunity to improve their lives while they're in
Thailand. And no chance to return home because they have no documents to prove who they are.
``So Somoh'' (not his real name), seven, is one of this country's ``non-people''. His parents are
ethnic Mon peasants who fled persecution in Burma to work in a factory in Samut Sakhon
province. Without formal education, the boy's future is set out from the start. His parents work
long hours for low pay in the underground labour market. Their child will not fare much better.
In Samut Sakhon alone, it is estimated that there are nearly 4,000 stateless children like So
Somoh.
There are no accurate figures for the number of stateless children in Thailand. But it is estimated
that there are more than one million illegal workers in the country, excluding their dependents.
Eighty percent are Burmese or from ethnic groups fleeing wars, persecution and poverty in
Burma.
In addition, there are many undocumented indigenous hill peoples in Thailand who, without
documents to prove their status, are considered illegal immigrants. Their children are then also
robbed of their birth right.
Thai civil registration law actually provides for the registration of every child born in the country.
But the way the law and an accompanying ministerial rule are being interpreted means that
registrations are not happening in practice.
The controversial ministerial rule lists out groups that are eligible to have their children registered
_ such as highlanders and long-time war refugees who are officially allowed temporary residency
in Thailand.
But the list has opened the door for officials to claim that groups that are not on the list aren't
eligible for registration or birth certificates.
This interpretation was reinforced in June when the civil registration office was asked to clarify the
situation. The office stated that it was prohibited to issue birth certificates for the newborns of
unregistered illegal workers.
The order has sparked an outcry from human rights groups, but civil registration officials insist
they are not doing anything wrong.
``Our rules are intertwined with those concerning nationality and immigration. If the people are
illegal, they cannot enter our system,'' said Surachai Srisarakam, director of the Bureau of
Registration Administration.
``To change things, you must change the relevant ministerial rule. And that requires approval from
the cabinet,'' he insisted.
Such a narrow legal interpretation is totally unacceptable, said Somchai Homla-or of the Law
Society.
``It stems from the rise of ethnic prejudice and the authorities' misguided desire to guard what
they view as national security,'' charged the human rights activist.
``The civil registration law clearly states that all those born in the country must receive birth
certificates,'' he said. ``And the ministerial regulation in question does not rule out the rights of
illegal workers' children born in Thailand in any way. So it's the duty of officials to register the
birth. If not, they must be punished for negligence.''
Refusing a child the status of a legal being violates not only the civil registration law. ``It seriously
violates basic morality and human rights,'' he added.
``It also violates the constitution which guarantees basic rights to every person in the country, with
an emphasis on the respect on human dignity.''
The charter categorically prohibits discrimination based on race, ethnicity, sex, language, age,
health, religious beliefs, or status. ``In short, the charter guarantees equal legal protection for
every person in the country,'' he said.
According to Prof Vitit Muntarbhorn of the Law Faculty, Chulalongkorn University, the Interior
Ministry's policy violates the children's rights by denying them access to education, health care
and other basic services, which makes them vulnerable to exploitation.
This also, he said, violates several international treaties, which Thailand has ratified. The UN
Declaration of Human Rights, for example, states that everyone has the right to be recognised as
a person before the law. Meanwhile, the International Covenant on Civil and Political Rights
requires member states to issue birth certificates to everyone born in the country.
Thailand is a signatory to the Convention on the Rights of the Child, but it has reserved the right
not to grant Thai nationality to all children born in the country.
In 1972, Thailand abolished the legal tradition of granting nationality to every child born in
Thailand. Now, to have Thai nationality, the child's parents must be Thai citizens or naturalised
Thais.
Yet, the authorities are still concerned that registering the births of the illegal immigrants'
newborns will cost Thailand a fortune in providing them education and health care. Worse, it
might lead to the children's claim on full Thai citizenship later.
``The authorities apparently don't understand that the granting of birth certificates and Thai
nationality are two separate issues,'' said Prof Vitit.
Only the newborns of Thainationals receive Thai nationality, he said. In other cases, birth
certificates merely confirm the newborn's existence _ the child's nationality is decided according
to the nationality of the parents, he explained.
Turning a blind eye to this issue will not stem the influx of illegal immigrants and is self-defeating,
added Sanpasit Kumprapan, children's rights activist.
With new births not being registered, the authorities lack an accurate database, which is
necessary for policy making on illegal immigrants. The children's movements cannot be traced
and updated. And when and if repatriation becomes possible, the Thai authorities may not be able
to send the children back with their parents _ because there will be no documents proving that the
children are nationals of the other country.
Meanwhile, the rise of ethnic prejudice against illegal immigrants ends up hurting many legitimate
Thai children.
It used to be the case that all abandoned newborns were sent to state orphanages. The infants'
citizenship was never questioned and orphanage officials could request birth certificates for them,
as a matter of course.
Not any more.
Now registration officials are tending to assume that the babies are non-Thais. ``If we ask that the
babies be registered as Thai nationals, officials insist that we prove the babies' nationality,'' said
Sirirat Ayuwat of the Adoption Centre, Public Welfare Department.
``They also make clear that we'll be held legally responsible if the babies are proven to be non-
Thais,'' she said.
Given this threat, public welfare officials now don't dare insist on Thai nationality for abandoned
babies. That's how some 100 orphanage babies have become stateless.
These babies will not be covered by the government's 30-baht health scheme, leading to
increased financial burdens on orphanages' limited health budgets.
Enrolment in schools is also more difficult, she added. And education officials often refuse to give
children official certificates upon graduation, thus robbing them of an opportunity to get higher
education and decent jobs.
Most importantly, denying the children of birth certificates robs them of an opportunity to become
adopted into a Thai or foreign family.
Stateless children are last on the list of most prospective adoptive Thai parents. A very few
countries allow adoption of stateless children and they all at least require the children's birth
certificates _ which Thai public welfare officials cannot now produce due to the Interior Ministry's
policy.
Even if the children get through this hurdle and are adopted abroad, as stateless people they can
have problems coming back.
``This policy is certainly not in the best interest in the child,'' said Mrs Sirirat of the adoption
centre. ``For the children cannot return to Thailand should any problems arise. Equally important,
many of these children grow up thinking of themselves as Thais. To deny them of a chance to
return `home' is very painful for them.''
Responding to the recent criticisms, civil registration officials have argued that the children of
illegal workers can use another document issued by hospitals _ the Tor Ror 1/1_ to prove their
nationality when and if they are repatriated.
Human rights groups say this does not solve the problem. The Tor Ror 1/1 doesn't carry the same
legal weight as a birth certificate. And only babies born in hospitals receive the Tor Ror 1/1. What
happens to those who are born elsewhere?
``Nothing short of birth certificates is acceptable,'' said Prof Vitit.
Although the authorities insist that current practice on this issue is legal, the wave of fierce
criticism from human rights groups seem to have succeeded in shaking the official line.
National Security Council official Tawil Pliansri agreed that birth certificates are a matter of
children's rights. ``But that's my personal opinion only,'' he said.
Director Surachai of the civil registration bureau, meanwhile, said his office is compiling public
feedback with a view towards reviewing the policy.
``But it's up to the National Security Council _ and the government _ to decide on this matter.
Essentially, this is a policy issue that must be decided at the top. Just tell us what to do and we'll
do it.''
Meanwhile, the number of stateless children rises all the time as the authorities keep passing the
bucket and as public prejudice intensifies against illegal immigrants.
You don't exist'
Children of illegal immigrants are robbed of their basic rights because the
authorities refuse to recognise their existence
Story by SANITSUDA EKACHAI
Thailand's human rights record suffered another blow this year when the authorities refused to
provide birth certificates for the newborn babies of illegal immigrants, for fear that the documents
could be used to claim Thai nationality.
Without documents, newborns remain non-entities, meaning that they do not exist legally. That
means no education. No health care. No opportunity to improve their lives while they're in
Thailand. And no chance to return home because they have no documents to prove who they are.
``So Somoh'' (not his real name), seven, is one of this country's ``non-people''. His parents are
ethnic Mon peasants who fled persecution in Burma to work in a factory in Samut Sakhon
province. Without formal education, the boy's future is set out from the start. His parents work
long hours for low pay in the underground labour market. Their child will not fare much better.
In Samut Sakhon alone, it is estimated that there are nearly 4,000 stateless children like So
Somoh.
There are no accurate figures for the number of stateless children in Thailand. But it is estimated
that there are more than one million illegal workers in the country, excluding their dependents.
Eighty percent are Burmese or from ethnic groups fleeing wars, persecution and poverty in
Burma.
In addition, there are many undocumented indigenous hill peoples in Thailand who, without
documents to prove their status, are considered illegal immigrants. Their children are then also
robbed of their birth right.
Thai civil registration law actually provides for the registration of every child born in the country.
But the way the law and an accompanying ministerial rule are being interpreted means that
registrations are not happening in practice.
The controversial ministerial rule lists out groups that are eligible to have their children registered
_ such as highlanders and long-time war refugees who are officially allowed temporary residency
in Thailand.
But the list has opened the door for officials to claim that groups that are not on the list aren't
eligible for registration or birth certificates.
This interpretation was reinforced in June when the civil registration office was asked to clarify the
situation. The office stated that it was prohibited to issue birth certificates for the newborns of
unregistered illegal workers.
The order has sparked an outcry from human rights groups, but civil registration officials insist
they are not doing anything wrong.
``Our rules are intertwined with those concerning nationality and immigration. If the people are
illegal, they cannot enter our system,'' said Surachai Srisarakam, director of the Bureau of
Registration Administration.
``To change things, you must change the relevant ministerial rule. And that requires approval from
the cabinet,'' he insisted.
Such a narrow legal interpretation is totally unacceptable, said Somchai Homla-or of the Law
Society.
``It stems from the rise of ethnic prejudice and the authorities' misguided desire to guard what
they view as national security,'' charged the human rights activist.
``The civil registration law clearly states that all those born in the country must receive birth
certificates,'' he said. ``And the ministerial regulation in question does not rule out the rights of
illegal workers' children born in Thailand in any way. So it's the duty of officials to register the
birth. If not, they must be punished for negligence.''
Refusing a child the status of a legal being violates not only the civil registration law. ``It seriously
violates basic morality and human rights,'' he added.
``It also violates the constitution which guarantees basic rights to every person in the country, with
an emphasis on the respect on human dignity.''
The charter categorically prohibits discrimination based on race, ethnicity, sex, language, age,
health, religious beliefs, or status. ``In short, the charter guarantees equal legal protection for
every person in the country,'' he said.
According to Prof Vitit Muntarbhorn of the Law Faculty, Chulalongkorn University, the Interior
Ministry's policy violates the children's rights by denying them access to education, health care
and other basic services, which makes them vulnerable to exploitation.
This also, he said, violates several international treaties, which Thailand has ratified. The UN
Declaration of Human Rights, for example, states that everyone has the right to be recognised as
a person before the law. Meanwhile, the International Covenant on Civil and Political Rights
requires member states to issue birth certificates to everyone born in the country.
Thailand is a signatory to the Convention on the Rights of the Child, but it has reserved the right
not to grant Thai nationality to all children born in the country.
In 1972, Thailand abolished the legal tradition of granting nationality to every child born in
Thailand. Now, to have Thai nationality, the child's parents must be Thai citizens or naturalised
Thais.
Yet, the authorities are still concerned that registering the births of the illegal immigrants'
newborns will cost Thailand a fortune in providing them education and health care. Worse, it
might lead to the children's claim on full Thai citizenship later.
``The authorities apparently don't understand that the granting of birth certificates and Thai
nationality are two separate issues,'' said Prof Vitit.
Only the newborns of Thainationals receive Thai nationality, he said. In other cases, birth
certificates merely confirm the newborn's existence _ the child's nationality is decided according
to the nationality of the parents, he explained.
Turning a blind eye to this issue will not stem the influx of illegal immigrants and is self-defeating,
added Sanpasit Kumprapan, children's rights activist.
With new births not being registered, the authorities lack an accurate database, which is
necessary for policy making on illegal immigrants. The children's movements cannot be traced
and updated. And when and if repatriation becomes possible, the Thai authorities may not be able
to send the children back with their parents _ because there will be no documents proving that the
children are nationals of the other country.
Meanwhile, the rise of ethnic prejudice against illegal immigrants ends up hurting many legitimate
Thai children.
It used to be the case that all abandoned newborns were sent to state orphanages. The infants'
citizenship was never questioned and orphanage officials could request birth certificates for them,
as a matter of course.
Not any more.
Now registration officials are tending to assume that the babies are non-Thais. ``If we ask that the
babies be registered as Thai nationals, officials insist that we prove the babies' nationality,'' said
Sirirat Ayuwat of the Adoption Centre, Public Welfare Department.
``They also make clear that we'll be held legally responsible if the babies are proven to be non-
Thais,'' she said.
Given this threat, public welfare officials now don't dare insist on Thai nationality for abandoned
babies. That's how some 100 orphanage babies have become stateless.
These babies will not be covered by the government's 30-baht health scheme, leading to
increased financial burdens on orphanages' limited health budgets.
Enrolment in schools is also more difficult, she added. And education officials often refuse to give
children official certificates upon graduation, thus robbing them of an opportunity to get higher
education and decent jobs.
Most importantly, denying the children of birth certificates robs them of an opportunity to become
adopted into a Thai or foreign family.
Stateless children are last on the list of most prospective adoptive Thai parents. A very few
countries allow adoption of stateless children and they all at least require the children's birth
certificates _ which Thai public welfare officials cannot now produce due to the Interior Ministry's
policy.
Even if the children get through this hurdle and are adopted abroad, as stateless people they can
have problems coming back.
``This policy is certainly not in the best interest in the child,'' said Mrs Sirirat of the adoption
centre. ``For the children cannot return to Thailand should any problems arise. Equally important,
many of these children grow up thinking of themselves as Thais. To deny them of a chance to
return `home' is very painful for them.''
Responding to the recent criticisms, civil registration officials have argued that the children of
illegal workers can use another document issued by hospitals _ the Tor Ror 1/1_ to prove their
nationality when and if they are repatriated.
Human rights groups say this does not solve the problem. The Tor Ror 1/1 doesn't carry the same
legal weight as a birth certificate. And only babies born in hospitals receive the Tor Ror 1/1. What
happens to those who are born elsewhere?
``Nothing short of birth certificates is acceptable,'' said Prof Vitit.
Although the authorities insist that current practice on this issue is legal, the wave of fierce
criticism from human rights groups seem to have succeeded in shaking the official line.
National Security Council official Tawil Pliansri agreed that birth certificates are a matter of
children's rights. ``But that's my personal opinion only,'' he said.
Director Surachai of the civil registration bureau, meanwhile, said his office is compiling public
feedback with a view towards reviewing the policy.
``But it's up to the National Security Council _ and the government _ to decide on this matter.
Essentially, this is a policy issue that must be decided at the top. Just tell us what to do and we'll
do it.''
Meanwhile, the number of stateless children rises all the time as the authorities keep passing the
bucket and as public prejudice intensifies against illegal immigrants.
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