Legal Assistance Program

Legal Assistance Program

Kwah Dao officially launched its Legal Assistance Program in April 2022, led by a former scholarship recipient who is now a licensed lawyer. With over two decades of experience working with stateless and nationality-less families in Northern Thailand, Kwah Dao recognizes the urgent need to provide legal support to these vulnerable groups.

In the program’s initial phase, we focused on assisting stateless or nationality-less students and families facing complex civil registration issues. We conducted short-term legal training and workshops aimed at raising awareness and guiding participants through the process of applying for improved legal status, such as Thai citizenship or permanent residency. In addition to group support, we also offer direct legal assistance to individuals who contact us for help.

In the next phase, Kwah Dao aims to expand its legal services to broader communities. Plans include workshops and trainings on a wide range of topics including human rights law, family law, juvenile law, labor law, civil and commercial law, and criminal law. By educating individuals about their legal rights and responsibilities, Kwah Dao empowers them to navigate legal challenges and pursue long-term solutions. To strengthen our impact, we plan to collaborate with other organizations working on related issues by sharing resources, knowledge, and experiences.

Who Are Stateless People?

Stateless individuals are those who lack any form of official identity documentation and are not recognized as citizens by any country. As a result, they also become nationality-less, meaning they have no legal affiliation with any nation.

What Causes Statelessness in Northern Thailand?

The root causes stem from the decades-long civil conflict in Myanmar. Since its independence in 1947, Myanmar has faced ongoing clashes between the military and ethnic armed groups, leading to widespread human rights violations, particularly in ethnic minority regions.

From 1996 to 1998, the military’s “four-cut” strategy in states like Shan and Karen forced over 400,000 people from 1,800 villages to flee. Many sought refuge in Northern Thailand. Only a few gained refugee status and were placed in official camps. Most live as undocumented migrant laborers, facing exploitation and lacking basic rights such as healthcare, education, or legal employment.

Are There Still Stateless People in Thailand Today?

Yes. The exact number is difficult to confirm and fluctuates based on the political climate in Myanmar. Recent conflicts—including military crackdowns on pro-democracy protesters and renewed fighting with ethnic groups—have led to another wave of refugees. According to sources, many pay between 7,000–12,000 baht to migrant smugglers for transport from Tachileik (Shan State) to Chiang Mai or Bangkok. These rates rise during border closures or immigration crackdowns.

When and How Do They Become Stateless?

Once they enter Thailand illegally without documentation, they become de jure stateless. This is often due to:

  1. Repeated displacement from conflict and human rights abuses, preventing long-term residence or identity registration.

  2. Living in remote or conflict zones where government services are absent.

Even individuals who have documents but enter Thailand illegally become de facto stateless, as they lose their government’s legal protection and cannot regularize their status in Thailand.

These people often live in constant fear of arrest. Many take on dangerous or exploitative jobs without protection. Their children may not attend school due to fears of exposure, despite international law guaranteeing the right to education.

How Long Does It Take to End Statelessness?

There is no fixed timeline. It depends on when individuals enter legal processes available in Thailand or Myanmar. Two main options exist:

1) Apply for a “Person with No Registration Status” ID Card

As of May 15, 2019, individuals without any nationality can apply for this ID—commonly known as the “10-year card.” While the official process requires only a minimal fee, corruption in some district offices means applicants may be asked to pay up to 80,000 baht. Those who hold the card for fewer than 5 years face severe restrictions on travel and access to services.

2) Register as “New Migrant Workers” under Thai–Myanmar MOU

This process allows undocumented migrants to become legal workers. They must undergo nationality verification by Myanmar and pay up to 20,000 baht to obtain a Certificate of Identity. According to August 2023 data, Thailand hosts over 1.8 million registered migrant workers from Myanmar (not including children and dependents).

Who Are Nationality-Less People in Thailand?

Nationality-less individuals include ethnic minorities, hill tribes, refugees, and migrants from CLMV countries (Cambodia, Laos, Myanmar, Vietnam) who:

  • Obtained a Highlander ID Card (1989–1999),

  • Received a Person with No Registration Status Card (2005–2011),

  • Or applied for this card after May 15, 2019.

According to the Department of Provincial Administration (2022), there are 689,641 nationality-less people in Thailand, many of whom are students.

They face significant restrictions: they cannot own land, access government scholarships, travel freely, or work in certain sectors.

How Can They Resolve Nationality Issues?

The process is lengthy, expensive, and often hindered by corruption. Although legal fees are supposed to be minimal, bribes ranging from 25,000–35,000 baht are often demanded. Eligibility for Thai citizenship depends on several factors:

1) Individuals Born in Thailand

  • If their parents belong to Group 1 or 2, they can apply for Thai citizenship immediately.

  • If their parents are in Group 3, they must first complete higher education.

2) Individuals Not Born in Thailand

  • Adults from Group 1 or 2 can apply for permanent residency. After 5 years, they become eligible for citizenship by naturalization.

  • This also applies to students who weren’t born in Thailand but received identification under the same criteria.

3) Individuals Outside These Groups

  • They are not currently eligible to apply and must wait for amendments to nationality laws.