Under its Legal Assistance Program (a program that aims to provide legal knowledge and consultation) to stateless, nationality-less, and migrant students and families living in Northern Thailand, Kwah Dao begins its new year by providing legal consultation to a stateless student who is currently facing difficulties in obtaining her birth certificate and non-Thai national identification card.
Toey (non-legal name), is a 16-year-old stateless student currently studying 1st year in a vocational school in Chiang Mai. Her parents migrated from southern Shan State of Myanmar to Thailand working as non-skilled migrant laborers for over two decades. Her parents met in 2003 when both worked in a chicken firm in Chon Buri Province before moving to Bangkok. A year later, Toey’s elder brother (Toy) was born In Bangkok and successfully registered his birth with the district office. Toy obtained a birth certificate without any trouble even though none of his parents obtained any type of identity documents from Myanmar or Thai government back then. However, Toy’s parents were illegal immigrants when he was born so he has not acquired Thai nationality and won’t be eligible to apply for it unless he obtained a bachelor’s degree from a Thai educational institution.
Unfortunately, Toey’s case didn’t go the same way as her elder brother’s. She didn’t obtain a birth certificate or any type of identity document from Thai government agencies from the date she was born up to now. According to the facts gained through the lawyer-client interview questions and the documentary evidence, it’s believable that Toey was born in a hospital in Chon Buri. But her parents couldn’t pay for the medical costs so Toey and her mom were discharged from the hospital without receiving a birth certificate which is required evidence for birth registration at the district office. Toey and her mom never went to the hospital where Toey was born till she turned 12 years of age. Then her dad went to the hospital again to request Toey’s birth evidence, but the hospital refused his request with unreasonable excuse. Consequently, Toey has been undocumented for 16 years and is considered a stateless person under Thai laws. Living a life as a stateless student is extremely difficult with many limitations on rights to face such as can’t travel to another province unless receiving a permission letter from the district office, can’t access free healthcare services, or apply for student loans provided by the government, and many more.
Kwah Dao considers that ending Toey’s statelessness by applying for her birth certificate when the witnesses and documentary evidence are still available is crucial and urgent. Otherwise, she will be forced to register as a follower of migrant parents instead which from the legal perspective means she was not born in Thailand and will finally make her become a migrant worker like her parents. To ensure the rights she should enjoy are protected, Kwah Dao doesn’t hesitate to provide her with legal consultation in dealing with the hospital, and district office, and represent her in the administrative court if legal action is needed in solving this legal matter. Once she obtains her birth certificate and non-Thai national identification card, her right to apply for Thai citizenship after graduation from higher education is guaranteed by the Thai Nationality Act.
