Stateless Persons from Lao PDR and Human Rights Related Issues in Thailand: Case study of Baan Ba Hai, Khong Khiam District, Ubon Ratchathani Province

Abstract

Nationality is a fundamental principle for accessing to other rights in the state. It is accepted under the Universal Declaration of Human Rights that each person shall haveอa nationality. However, considering from a context of Thailand, a number of people in the country are still stateless including the stateless persons from Lao PDR living along Thai-Lao border. Objectives of this article are (1) to study the background of the stateless persons from Lao PDR living along Thai-Lao border and (2) to study their problems in human rights due to the statelessness by using a qualitative research. This research has been conducted by the documentary review which includes Nationality Act of Thailand and the Universal Declaration of Human Rights and the interview with the stateless persons from Lao PDR at Baan Ba Hai, Khong Khiam District, Ubon Ratchathani Province, Thailand. The research reveals that causes of statelessness of the persons from Lao PDR living in Thailand come from two factors. Firstly, as a political context in Lao PDR in B.E.2517, the political situation of Lao PDR results in a number of Lao immigrants leaving the country to Thailand. Some of them have not since then returned to the country of origin nor resettled in a third country. They are consequently being in stateless status in Thailand. Secondly, the conditions set by the Nationality Act of Thailand under the subject of Conditions/and Exceptions eligible for having a Thai nationality have an effect on the stateless persons from Lao PDR to have a right to apply for a Thai nationality differently. Some of them fall under the conditions set by Article 23 of Nationality Act B.E.2508 (No.4), B.E.2551 to apply for a Thai nationality, while for others the state policy of Thailand has not yet provided the solutions to the problem. This situation has left these people being stateless in Thailand and therefore being refused the access to other rights. Thus, human rights of this group of people in some cases are violated such as their freedom of movement and the right to found the family.