Capacity building on birth registration and citizenship in Thailand: Citizenship manual. Bangkok: UNESCO Bangkok, p.

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2 Capacity building on birth registration and citizenship in Thailand: Citizenship manual. Bangkok: UNESCO Bangkok, p. 1.Capacity building. 2.Birth. 3.Nationality. 4.Guides. 5. Thailand. ISBN (Electronic version) UNESCO 2008 Published by the UNESCO Bangkok Asia and Pacific Regional Bureau for Education Mom Luang Pin Malakul Centenary Building 920 Sukhumvit Road, Prakanong, Klongtoey Bangkok 10110, Thailand Printed in Thailand The designations employed and the presentation of material throughout the publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning its frontiers or boundaries.

3 i Foreword Over forty years ago, lack of legal status citizenship and birth registration for highland people was identified as a major future issue for both highlanders and the Royal Thai Government. H.M. the King took early leadership in calling for the need for both cultural and environmental sensitivity in the development of the mountainous regions of Thailand. Research by Thai and foreign scholars has expanded our knowledge of highland cultures and societies, while improved communications and educational access have allowed highland people to better articulate their needs to the broader society. Nevertheless, problems still remain. Research by UNESCO has shown that lack of legal status is the greatest single risk factor for a highland girl or woman in Thailand not from across the border to be trafficked or otherwise exploited. Therefore, the UNESCO Trafficking Project has maintained an on-going concern for these issues. We are particularly pleased to be able to partner with FACE and the Royal Thai Government to address these problems. UNESCO was able to undertake Highland Birth and Citizenship Registration Promotion Project because of the generous support of the British Embassy, Bangkok. The present manual was commissioned by UNESCO and written by FACE. It was prepared in cooperation with the Department of Local Administration, Ministry of Interior. Special thanks are due to Mr. Chuti Ngamurulert, author; Ms. Bongkot Napaumporn, translator; Ms. Dara Wathanapaisal, editor; and Mr. Venus Seesuk, Chief of the Civil Registration and Nationality Subdivision, Registration Administration Bureau. It is hoped that it can be useful to government officials, NGOs, and community leaders seeking to improve registration processes for highland people. David A. Feingold, Ph.D. International Coordinator for HIV/AIDS and Trafficking Projects Office of the Regional Advisor for Culture UNESCO Bangkok

4 ii Preface On 18 January 2003 (B.E. 2546), the National Security Council submitted a cabinet resolution approving the Strategy on Legal Status and Rights Management. The resolution created a more workable and effective system for solving the problem of legal status and rights of people in Thailand. The resolution also fed into both central and local governmental capacity-building. Regulations and letters from the Department of Provincial Administration (DOPA), the specific division under the Ministry of Interior directly responsible for the issue, set a clear mandate for officers. Several additional academic documents and research papers were also published in order to deal with the problem. Nevertheless, some people working on the issue still do not clearly understand how to implement policy under this Strategy. Therefore, the FACE Foundation, in cooperation with the Bureau of Registration Administration, the Bureau of Internal Security Affairs, DOPA, the Ministry of Interior, the Institute for Just Peace, and the National Security Council, has collected all official documents relating to the issues of regulations, declarations, and orders for integrating knowledge on the issue. We hope the manual will be useful for people working on birth registration and citizenship in Thailand, especially governmental officers, civil society, and also people facing the problem themselves. The FACE Foundation appreciates the collaboration from the Bureau of Registration Administration, the Bureau of Internal Security Affairs, DOPA, the Ministry of Interior, the Institute for Just Peace, and the National Security Council for their contributions in data as well as consultants. Kind thanks are also given to Associate Professor Phunthip Kanchanachittra Saisoonthorn for all her advice and guidance in the creation of this manual. Lastly, the FACE Foundation greatly appreciates the support UNESCO Bangkok and the British Embassy have provided in making this manual possible. Sudarat Sereewat Director of FACE Foundation

5 iii Table of Contents Page Chapter 1: Basic Knowledge 1 Basic Information about Ethnic Groups in Thailand 2 Chapter 2: Birth Registration for People Born in Thailand 7 The Birth Registration Process in Thailand 8 Retroactive Birth Registration 14 Birth Registration Forms 16 Chapter 3: Management of the Personal Legal Status of Ethnic Groups in Thailand 27 Adding Names to Household Registration (Tor Ror 13) 29 Legal Assistance for Highlanders of Thai Nationality 33 Legal Assistance for Alien Migrants 48 Legal Assistance for Highlanders 70 Born in Thailand but Ineligible for Thai Nationality Due to Immigrant Parents Chapter 4: 91 Surveying and Issuing Identification Cards for People without Thai Nationality (Pink-Colour Card) Chapter 5: 96 Surveying, Issuing Identification Cards, and Registering Undocumented Persons Chapter 6: Basic Rights of Ethnic Groups in Thailand 123 The Right to Movement 124 The Right to Start a Family (Marriage Registration) 132 The Right to Education 136 The Right to Work 140 Chapter 7: Appendix 143 Annex 1: Civil Registration Act (No. 2) 2008 (B.E. 2551) 144 Annex 2: Nationality Act (No. 4) 2008 (B.E. 2551) 151 Annex 3: Official Letters on Residence Relocation (MoI) 158 Annex 4: Strategy on Legal Status and Rights Management 160 Notes 169

6 1 CHAPTER 1 Basic Knowledge

7 2 Basic Information about Ethnic Groups in Thailand 1. Vietnamese Immigrants This group includes Vietnamese people who fled from French suppression and into Thailand in 1945 and 1946 (B.E and 2489). They generally lived in the following 13 provinces of Thailand: Nakorn Panom, Mukdaharn, Nongkhai, Ubonratchthani, Udonthani, Yasothorn, Sakon Nakorn, Prachinburi, Nongbua Lampu, Srakaew, Amnadcharoen, Suratthani, and Patthalung. The people in this group include those who immigrated in 1945 and 1946 only. People who entered before or after these years are excluded. A cabinet resolution passed on 17 March 1992 (B.E. 2535) approved Thai nationality for children born in Thailand to these Vietnamese immigrants and granted legal migrant status to the parents. 2. Former soldiers of the Kuomintang and the Chinese (Jean Hor) Mao Zedong s army fought and won against Chiang Kai-Shek s Chinese National Revolutionary Army (NRA) No. 93 of Taiwan (KMT). The NRA then fled to the south of China near the Burmese (now Myanmar) border. The army was not able to escape to Taiwan and remained in Burma. When Burma gained independence, they exiled the army into Thailand. This Chinese army has resided in the areas of Chiang Rai, Chiang Mai, and Mae Hong Son since 1950 (B.E. 2493). In 1984 (B.E. 2527), a cabinet resolution approved Thai nationality for children in this group born in Thailand and granted legal migrant status to the parents. 3. Chinese Civilian Migrants (Jean Hor) People in this group claim to be the relatives of soldiers from the former Chinese National Revolutionary Army. They immigrated into Thailand between the years of (B.E ). At the time, the Thai government acknowledged that the soldiers rendered acts of distinguished service to Thailand in addition to official service. Therefore, a cabinet resolution passed in 1984 (B.E. 2527) approved Thai nationality for children in this group born in Thailand and granted legal migrant status to the parents. 4. Independent Chinese (Jean Hor) People in this group claim to be the relatives of soldiers from the former Chinese National Revolutionary Army, immigrating into Thailand between the years of (B.E ). However, the government does not accept these claims. Due to the difference in the time of their immigration, they were excluded from Group 3. To prevent the influx of Chinese refugees, the government issued civil registration documents (Tor Ror 13) and identification cards restricting residence to the provinces of Chiang Mai, Chiang Rai, Payao, and Mae Hong Son. A cabinet resolution passed on 29 August 2000 (B.E. 2543) granted the parents who immigrated into the country before 3 October 1985 (B.E. 2528) with important migrant identification documents and granted their children born in Thailand with Thai nationality.

8 3 5. Former Chinese Communist Guerrilla of Malaya This group consists of former members of the Chinese Communist Guerrilla of Malaya and people from ancient Malaysia who lived in the provinces of Yala, Narathiwas, or Songkla. They surrendered to the Thai government in 1987 (B.E. 2530). Since people in this group had lived in Thailand for an extended period of time, the government granted Thai nationality to children born in Thailand to parents of this group in a cabinet resolution passed in 1988 (B.E. 2531). The policy also granted legal migrant status to those not born in Thailand. 6. Thai Lue According to history, the Thai Lue people have lived in Thailand for over 300 years. They once lived in the region of Xishuangbanna, Yunnan province, China. They immigrated into Thailand and have generally settled in Chiang Mai, Chiang Rai, and Payao. On 17 March 1992 (B.E. 2535), a cabinet resolution granted Thai nationality to children born in Thailand to parents of this group. The policy also granted legal migrant status to the parents. 7. Lao Immigrants The people in this group are Lao and have relatives or family living in Thailand. They live in the provinces bordering Laos, including Nongkhai, Ubonratchthani, Loi, Udtaradit, Nakorn Panom, Mukdaharn, Payao, Chiang Rai, and Nan. Article 337 declared that if a person from this group of Lao immigrants married a Thai national, their child would not be granted Thai nationality. The child would only have Lao nationality. As per the subsequent revisions that resulted in what became known as the Nationality Act 1992 (B.E. 2535) No. 2, if the father or the mother of a child born in Thailand has Thai nationality, the child will be granted Thai nationality as well. Legal permits to remain temporarily in Thailand were first issued to this group in 1991 (B.E. 2534), and extended again in 1997 (B.E. 2540). The second occasion saw a reduced number of permits issued because many of the people in this group had by then already acquired Thai citizenship. 8. Nepalese Immigrants Nepalese immigrants lived in Burma when both Nepal and Burma were still British colonies. They entered Thailand together with displaced persons of Burmese nationality. After Burma gained independence from Britain in the World War II period, both of these groups faced exile and fled into Thailand. They were restricted to live only in the district of Thongphaphum in the Kanchanaburi province. For this group of people, a cabinet resolution passed on 29 August 2000 (B.E. 2543) granted those parents who immigrated into the country before 3 October 1985 (B.E. 2528) with important migrant identification documents and granted their children born in Thailand with Thai nationality.

9 4 9. Displaced Burmese Nationals of Thai Ethnicity The displaced persons in this group are distinct because they were either: 1) Thai people living in the region that was part of Thailand before it was ceded to Britain. After Burma gained independence from Britain, the area then became a part of Burma. 2) Thai people immigrated into Burma to trade or do business. They lived in Burma for approximately years. Burma began a process to remove all minority groups from the country. Thus, people in this group moved back into Thailand and settled near Prachuapkhirikhan, Chumphorn, Ranong, and Tak. The Thai government accepts these people as Thai, not Burmese or other ethnicities. A cabinet resolution granted Thai nationality for these people via naturalisation (not the same process as giving Thai nationality to Vietnamese people). 10. Displaced Burmese Nationals This group includes minorities who lived in Burma before immigrating and living in Thailand for the last approximately 20 years. The Thai government understood that the people in this group had Burmese nationality. In fact, however, most of the people who had fled into Thailand were of the Hmong, Karen, Shan, and Mon-Khmer ethnic groups. The Thai government decided that those in this group who immigrated into Thailand before 9 March 1976 (B.E. 2519) the day the policy was announced would be considered Displaced Persons. Those who moved into Thailand after that date were excluded from the group and considered illegal immigrants. People in this group resided in the areas of Chiang Mai, Chiang Rai, Tak, Mae Hong Son, Ratchburi, Prachuabkhirikhan, Chumphorn, and Ranong For this group, a cabinet resolution passed on 29 August 2000 (B.E. 2543) granted those who immigrated into the country before 3 October 1985 (B.E. 2528) with important migrant identification documents and granted their children born in Thailand with Thai nationality. 11. Illegal Migrants from Burma (with Permanent Residence) People in this group are currently facing a number of problems. They entered Thailand after 9 March 1976 (B.E. 2519) and live in the same control areas as the aforementioned Displaced Burmese Nationals (Group #10 above). 12. Illegal Migrants from Burma (Migrant Workers) People of Burmese nationality crossed along the Burma-Thailand border to find work in Thailand; for example, in the provinces of Ranong, Chiang Rai, Tak, Mae Hong Son, and Kanchanaburi. For the most part, these people did not have a permanent residence. Rather, they lived with their employer and were thus considered illegal migrants. The government passed a policy granting this group with a temporary exemption in the case that employers could not find Thai employees to hire (in some provinces). The government issued identification cards for the first time at the end of the year (B.E ). On 17 March 1992 (B.E. 2535), a cabinet resolution gave this group permission to work in Thailand. It was the first resolution passed regarding migrant workers.

10 5 13. Highlanders and Hill Tribes Hill tribes comprise of ethnic minorities who live in the forested areas of the hills in the highland areas stretching across the north and west of Thailand. This includes the districts of Chiang Mai, Chiang Rai, Mae Hong Son, Lampoon, Lampang, Payao, Tak, Sukhothai, Nan, Kamphaengphet, Prae, Phitsanulok, Phetchabun, Loi, Uthaithani, Kanchanaburi, Suphanburi, Ratchburi, Petchburi, and Prachuabkhirikhan. A cabinet resolution passed 5 June 1990 (B.E. 2533) called for a census of highlanders living in the aforementioned 20 provinces from (B.E ). These people would have yellow registration forms and blue identification cards. The process to create the identification cards for the highlanders at that time emphasised hill tribes and minorities living in the highlands, including the Shans, Chinese, Burmese, or Laos living in the same areas. Highland refers to areas with an incline of over 18 degrees and more than 500 metres above sea-level. Therefore, people living in these highland areas could apply for identification cards (highlander type) as well, without distinction from other hill tribe or highlander groups. To this end, hill tribe people who have Thai nationality can ask to be registered under the Regulation of the Central Registration Bureau on the Consideration of Thai Nationality and Civil Registration for Highlanders 2000 (B.E. 2543). In the case of non-hill tribe people who immigrated into Thailand before 3 August 1985 (B.E. 2528), however, two cabinet resolutions passed on 3 October 1995 (B.E. 2538) and 29 August 2000 (B.E. 2543), granted Thai nationality to children born in Thailand and legal migrant status with the permanent right to reside in Thailand to the parents. 14. Migrants of Thai Ethnicity from Kong Island, Cambodia Kong Island once belonged to Thailand but became a part of Cambodia after Thailand signed the island over to France. Some of the Thai people who lived there remained in order to keep their property holdings. After the political regime of Cambodia changed, these Thai people then immigrated into Trad province, Thailand. A cabinet resolution passed on 19 February 1991 (B.E. 2534) approved naturalisation for Thai nationality for this group. 15. Migrants of Thai Ethnicity from Kong Island, Cambodia (Immigrating after 20 May 1977) These people are in fact the same as the aforementioned Thai Migrants from Kong Island (#14 above), but the cabinet resolution restricted naturalisation to only those people in this group who immigrated into Thailand before 20 May 1977 (B.E. 2520). Those who immigrated after this date were considered illegal migrants from Cambodia, even if they were of Thai ethnicity. 16. Illegal Migrants from Cambodia There were two groups of people included in a census and considered as part of the above categorisation (#15). The first includes ethnic Cambodians who migrated into Thailand and were considered illegal Cambodian migrants. The second includes ethnically Thai people who migrated from Kong Island, Cambodia. These people

11 6 immigrated into Thailand after 20 May 1977 (B.E. 2520). The number of people included in the census from these two groups combined equalled 6,265 people. 17. Mlabri or Yellow Leaf People The Mlabri or Yellow Leaf People are a minority group in Thailand who live in the same areas as highlanders. Their frequent movements make creating definite policies difficult, though they largely settled in the districts of Prae and Nan. They were registered and given highlander identification cards. They are eligible to be registered under the Regulation of the Central Registration Bureau on the Consideration of Thai Nationality and Civil Registration for Highlanders 2000 (B.E. 2543) because they have Thai nationality according to the law. 18. Highland Community Registration of the highland community has proceeded under the Miyazawa Project. In fact, creating identification cards for highlanders between (B.E ) was probably the last time, but the government felt that the census was still incomplete. Thus, this project was taken up with the support of the National Economic and Social Development Board as well as the National Security Council in order to estimate the number of people in the highland community and to pursue the Master Plan on Community and Environment Development and Narcotic Plant Control No. 2 during (B.E ). Altogether, there were 186,929 highland people from this census for whom personal records were created and identification cards issued. Currently, a cabinet resolution has provisionally approved temporary residence in order to verify legal status at a later date. Altogether, the Thai government has accepted people from 18 minority groups for whom personal records were created and identification cards issued.

12 7 CHAPTER 2 Birth Registration for People Born in Thailand

13 8 The Birth Registration Process in Thailand Since 22 November 1991 (B.E. 2534), all the crucial legal issues relating to birth registration, the system, and the methodology in Thailand have fallen under the Civil Registration Act 1991 (B.E. 2534). In the Act, there are provisions regarding the processes of birth registration in Thailand: reporting births; accepting birth reports; and issuing documents of birth registration. According to legal principle, every person born in Thailand should have access to such processes, excepting persons not mentioned in the provisions. Denying access to these people can potentially lead to violations of civil and political rights, especially in Article 24 paragraph two under the International Covenant on Civil and Political Rights, 1966 (B.E. 2509). Persons Eligible for Birth Registration In the very beginning, a key and much-discussed issue concerned which persons were to be eligible for birth registration in Thailand under the Civil Registration Act 1991 (B.E. 2534). However, it is obvious from internal regulations and orders that the Department of Provincial Administration (DOPA), Ministry of Interior has its own ideas regarding the limitation of civil registration. At first, only people with Thai nationality could go through the birth registration process. Aliens required the implementation of another subordinate law to set a methodology to follow in entering the same processes. This is evident in two ministerial regulations: the first passed in 1992 (B.E. 2535) 1 under the Civil Registration Act 1992 (B.E. 2534) (no longer in use), and the second passed in 2005 (B.E. 2548) granting people with alien status (without Thai nationality) approval for birth registration. Nevertheless, the issue of these two regulations would not have been necessary if DOPA had adopted the Citizen Theory of Associate Professor Phunthip Kanchanachittra Saisoonthorn. Therefore, people with access to birth registration under the Civil Registration Act 1992 (B.E. 2534) include: 1. People with Thai nationality 2. People with the permanent right to reside in Thailand 3. People with a temporary right to reside in Thailand (visa and passport holders) 4. People granted permission to temporarily reside in Thailand under Article 17 of the Immigration Act 1979 (B.E. 2522) (minority group members holding one of various types of identification cards) On the other hand, persons who cannot begin the birth registration process are those born in Thailand to illegal migrant parents with no rights to reside in the country. This directly causes problems regarding legal status problems of personal identification as well as statelessness. Further, the Thai state could be violating human rights as stated under Article 24 paragraph two of the International Covenant on Civil and Political Rights, 1966 (B.E. 2509) ratified on 29 October 1997 (B.E. 2540) by the Thai state without any reservation. The Article emphasises that every child shall be registered immediately after birth and shall have a name. 1 Has since been rescinded.

14 9 Processes of Birth Registration under the Civil Registration Act 1992 (B.E. 2534) The word birth registration is literally mentioned in the Civil Registration Act 1992 (B.E. 2535) as a whole process including accepting evidence that the birth has been reported as well as registering of the birth. The processes are not very complicated, but explanations of the process are circulated in various regulations and orders. There are four processes in birth registration: 1. Issuing the Document of Birth Registration When a child is born in Thailand, the place of birth must be considered. If born in health care clinic or by professional delivery, the institution or person taking responsibility for the delivery must issue a document called a delivery certificate to the parents or the householder of the place where the birth took place. This certificate is very important evidence used to confirm the birth under Article 23 of the Civil Registration Act 1992 (B.E. 2535). 2 The form used for delivery certificates is designated in Article 134 (2) of the central registration bureau regulation called Tor Ror 1/1, 1992 (B.E. 2535). 3 Hospitals or health care clinics with a delivery professional complete this form when issuing delivery certificates. On the other hand, if a birth takes place in a house, community, or other place without a delivery professional, there is no specific form or template with which to issue a delivery certificate. The delivery certificate issued by public hospitals and clinics is considered an official document. Through this document, personal identification can be verified at any given point in time. Delivery certificates serve two purposes: first, as a record for the parents or guardians, and second, for the institution of birth (public hospitals and clinics) to keep, record the birth, and confirm that the certificate has been issued. The delivery certificate outlined under Article 23 of this Act may be issued to anyone born in Thailand regardless of legal status. The article further states that officials issuing delivery certificates are responsible only for confirming the birth and the location of birth; it emphasises that the process is not related to civil registration access at all. The Ministry of Interior affirms this approach in two official letters: No /6984 on 22 May 2002 (B.E. 2545) and No /wor.15 on 10 June 2002 (B.E. 2545). Therefore, the Department of Provincial Administration (DOPA) considers from the legal standpoint that a delivery certificate serves solely as evidence for confirming the birth of a child, but not declaring or registering the birth. 4 Therefore, it is clear that the delivery certificate outlined in Tor Ror 1/1 is not birth registration per se, but rather fundamental evidence to prove the birth and location of the birth. The delivery certificate, however, can be used to initiate the next step in the birth registration process. 2 Article 23: When there is a birth or death, the person performing the delivery or a doctor shall issue a delivery or death certificate using the form designated for this purpose by the director of the central registration bureau under Article 18 or See also: The attachment No. 1, the form for the delivery certificate (Tor Ror 1/1). 4 Ministry of Interior official letter No /6984 sent on 22 May 2002.

15 10 2. Reporting a Birth to a Local Registrar The parents of the newborn or an official with this particular duty must report the birth to the local registrar, whether there is a delivery certificate or not, in order to acquire a certificate confirming that the birth has been reported. This certificate confirming that the birth has been reported serves as evidence proving the birth and is used in the first step of the birth registration process. This certificate is mostly for children not born in a hospital or issued a delivery certificate. The 23 March 1992 (B.E. 2535) declaration of the central registration bureau pronounced the village headman (kamnan or phuyaiban) responsible for performing the duty of local registrar under Article 4 of the Civil Registration Act 1991 (B.E. 2534). It is important to note that the authority of the local registrar is limited. The local registrar can only issue certain documents a certificate of the acceptance of the birth report or a certificate of the acceptance of the death report, for instance but cannot register a birth. The form used to create the certificate, called Tor Ror 1 Ton Na, 5 is set in Article 52 and Article 134 (3) of the central registration bureau regulation enacted in 1992 (B.E. 2535). By law, issuing this certificate is the responsibility of those specifically assigned with the task. The birth registration process is considered a completely separate duty and is handled by the district officer, who decides whether applicants may or may not commence the birth registration process. Article 18 states that a birth must be reported to the local registrar (village head) within 15 days. However, it is not considered overdue to report to the district office (to begin the birth registration process) after 15 days or more. Remarks: - Although the certificate confirming that a birth has been reported is simply a confirmation document (Tor Ror 1 Ton Na), it also provides crucial evidence proving the details of a birth. Such details include names of witnesses of the birth and the person(s) involved with the delivery that can be used to demonstrate where the birth took place. In practice, however, evidence is not generally accepted for backdated cases. The reason for this is that the procedures for issuing the documentation were not clear before, and it is not possible to verify a backdated certificate when no prior copies or standardised system existed. - The local registrar can issue the certificate confirming that a birth has been reported to anyone without consideration of legal status because the certificate confirming that the birth has been reported is only the process of reporting the birth. Moreover, this certificate, together with the delivery certificate, does not fall under ministerial regulations. - The process does not require officials responsible for this matter to issue the certificate confirming that a birth has been reported. Those responsible for reporting the birth can go to a district officer directly if they already have a delivery certificate (Tor Ror 1/1). However, if the birth took place in a community and a delivery certificate was not issued, they must go through the process of acquiring Tor Ror 1 Ton Na to use as evidence proving the location of the birth in order to begin the next step of the birth registration process. 5 See also: Attachment No. 2, the form used as the certificate proving acceptance of the birth report (Tor Ror 1 Ton Na).

16 11 3. Reporting a Birth to a District Officer Reporting a birth to the district registrar 6 is the primary method to begin the birth registration process. The process is described in Article 18 of the Civil Registration Act, which states that when a person is born, the following steps must be taken: (1) If the birth occurs at home, the householder or parents must report the birth to a district registrar in the area where the birth took place within 15 days. (2) If the birth occurs outside the home, the parents must report the birth to a district registrar (any district) within 15 days. The report can also be made after this deadline, but not more than 30 days after the birth. The director of the central registration bureau has designated a form to be used in reporting births according to (1) and (2). The name of the person making the report must also be recorded. When a birth is reported, the officer is responsible for issuing a birth certificate as evidence of the report under Article 20 of the Act. However, ministerial regulations limit those who may be issued birth certificates. For example, a child born in Thailand whose parents are illegal migrants with no right to reside in Thailand cannot be issued a birth certificate, whereas a child born of parents with Thai nationality or aliens with the temporary right to reside in Thailand can. The process for reporting the birth, the forms, and the types of birth certificates are outlined under the Regulation of the Central Registration Bureau on Civil Registration 1992 (B.E. 2535) under Article 8 (1) paragraph two of the Civil Registration Act 1991 (B.E. 2534). The process can be divided into three types: 3.1) Reporting a Birth: People with Thai Nationality under Article 18 (Reporting within the 15-day deadline) Article 52 of the regulation outlining the process for reporting a birth for people with Thai nationality states that district officers have the duty to verify the information recorded in the birth documentation of the child and the parents. If it is clear that the child was born in Thailand and has Thai nationality, the officer will issue a birth certificate. The birth certificate will be created according to the form in Article 134 (1) 7 called Tor Ror 1 for people with Thai nationality who have reported the birth by the deadline. 3.2) Reporting a Birth: People with Thai Nationality under Article 18 (Reporting after the 15-day deadline) Article 57 of the regulation outlining the process for reporting a birth for people with Thai nationality states that district officers must fine those who report after the 15-day deadline. According to Article 57 (2), the fine may not exceed 1,000 baht. The officer must also verify the identification of the person making the report, the parents, and investigate as to the cause for the delay in reporting the birth. 8 If it is 6 Article 9: A registrar means a district registrar, a local registrar, and the others who the director of the central registration bureau has appointed as responsible for accepting reports of births, deaths, house transfers, house building, house demolition, and setting house numbers. 7 See also: Attachment No. 3, the birth certificate (Tor Ror 1). 8 Article 58 bis: In the case of an overdue birth report of a person above 7 years old under Article 57 and 58, the registrar shall ask for a photograph of the person in the process of birth registration and record all the necessary

17 12 clear that the child was born in Thailand and has Thai nationality, the officer will issue a birth certificate. The person making the report will receive a birth certificate created according to the form in Article 134 (4) 9 called Tor Ror 2 for people with Thai nationality who have reported the birth after the designated time frame as stated in the Regulation. 3.3) Reporting a Birth: Aliens (People residing in Thailand without Thai nationality) Reporting the birth for people with alien status (residing in Thailand without Thai nationality) is outlined in Article 53 and 58 of the Regulation. The process is similar to that of people with Thai nationality and is also divided according to whether the birth is reported before or after the deadline. The only difference is the form used to create the birth certificate. Aliens will receive Tor Ror 3, which is the form for people without Thai nationality. 10 Whether the report of the birth was made before or after the deadline, the procedures to be followed are as listed under Article 134 (5). For all three methods of reporting a birth, the registrar must issue a 13-digit identification number to the child according to Article in order to create a personal record for the child. The registrar will then register the child s name into the household registration according to Tor Ror 14, Tor Ror 13, or the central household registration bureau, depending on the case. In the past, the birth certificate consisted of three segments: Part I: Part II: Part III: Kept as evidence by the person reporting the birth Sent to the central registration bureau for the information to be entered into the database and then sent on to be kept in the local registration office (Article 133 and 157 of the Regulation) Sent to the local public health unit The central registration bureau began using a computerised civil registration system in 1995 (B.E. 2538); since then, all the information has been recorded in the computer system. Therefore, processing Part II and Part III (above) is no longer necessary. The evidence in Part 1 is still given to the person reporting the birth. 4. The Birth Registration Process When the birth has been reported and the birth certificate issued, the registrar is responsible for registering the birth using the information from the birth certificate as outlined under Article Moreover, the central registration bureau is also responsible for registering the birth using information from Part II of the birth information about the person, the reporter, and witnesses. Moreover, the person shall sign a form called Tor Ror 25 in the presence of the registrar. The registrar can then submit the application with other evidence to the chief- district officer for further consideration. 9 See also: Attachment No. 4, the birth certificate (Tor Ror 2). 10 See also: Attachment No. 4, the birth certificate (Tor Ror 3). 11 Article 16: The director of the central registration bureau shall issue unique 13-digit identification numbers for each person registered in the Kingdom of Thailand civil registration database. Any exceptions must be stated in a ministerial regulation. 12 Article 26: A district officer or local registrar shall register births and deaths using the information from birth and death certificates according to the form set by the director of the central registration bureau.

18 13 certificate under Article of the Regulation. A birth registration database exists at both the local registration office (including birth records of people in the local community) and the central registration bureau (including birth record of every person in the country). Once all the above steps have been taken, the birth registration process is complete according to the Civil Registration Act 1991 (B.E. 2534). 13 Article 155: The central registration bureau shall register births using information from Part II of the birth certificate.

19 14 Retroactive Birth Registration Retroactive birth registration is intended for persons born in Thailand but whose births were not reported within the designated time frame according to the law. Generally speaking, documents provide proof (of birth, of self). Thus, the government stipulates that birth information be documented so people will have evidence as to the rights and responsibilities they are entitled according to the law. The documentation referred to here is the birth certificate. The retroactive birth registration process is as follows: (1) If the birth occurs at home, the householder or parents must report the birth to a district registrar in the area where the birth took place within 15 days. (2) If the birth occurs outside the home, the parents must report the birth to a district registrar (any district) within 15 days. The report can also be made after this deadline, but not more than 30 days after the birth. In conclusion, a birth must be reported within 15 days, or, if the report is made past the deadline, within 30 days according to (2) The Type of Birth Certificate In the event that a birth is reported before the 15-day deadline, a birth certificate called Tor Ror 1 will be issued (only for people with Thai nationality; a birth certificate called Tor Ror 3 will be issued instead if Thai nationality cannot be verified). On the other hand, if a birth is reported after the 15-day deadline, a birth certificated called Tor Ror 2 will be issued (only for people with Thai nationality; a birth certificate called Tor Ror 3 will be issued instead if Thai nationality cannot be verified). 2. How to Retroactively Register a Birth People who wish to register a birth after the deadline can submit an application to the district office in the district where the child was born. In principle, there is no age limit according to the law, but in practice, the child cannot be older than 15 years of age to apply for a retroactive birth certificate. After age 15, the child can request to enter his/her name into the household registration. 3. Application Forms Government-issued forms should be used for birth and civil registration (these application forms can be requested at the district office), such as: (3.1) General Application Form for Civil Registration (Tor Ror 31) (1 copy) (3.2) General Record for the Retroactive Birth Certificate (Por Kor 14) (1 copy) (3.3) Witness Investigation Form for Retroactive Birth Certificate (2 copies) 14 If the birth report is overdue, according to the law, the fine is not more than 1,000 baht under Article 47 of the Civil Registration Act 1991 (B.E. 2534). In fact, the fine is never more than 20 baht following the official letter of the Ministry of Interior No. 0322/Wor 15.

20 15 4. Evidence Used During the Birth Registration Process (4.1) Identification card and any other registration documents of the applicant (if any) (4.2) Copy of the identification card of the father or mother of the applicant (if any) (4.3) Copy of household registration (Tor Ror 14 / Tor Ror 13) of the father or mother of the applicant (if any) (4.4) Copy of the identification card and other registration documents of the father or mother of the applicant, in the case neither have Thai citizenship (if any) (4.5) Copies of the identification cards of witnesses of the reporting of the birth Remark: According to the law, undocumented persons are able to apply for retroactive birth certificates, but they need reliable witnesses to prove that the child was born in Thailand and his/her birth was not reported. 5. Follow-Up with the District Office The retroactive birth registration process is outlined in the Civil Registration Act 1991 (B.E. 2534), as well as Articles 57 and 58 in Part III of the Regulation of the Central Registration Bureau on Civil Registration 1992 (B.E. 2535). According to this process, there are steps and deadlines for the district officers to follow, such as: Within 15 working days, the district registrar accepting the application will verify the evidence, issue fines as necessary, and make annotations to be passed to the chief district officer. Within 3 working days, the district officer will come to a decision regarding the application. Therefore, within 17 working days 15 from the date the application was submitted, the applicant will receive a birth certificate from the district office working days, as written in the Thai-language version of the manual.

21 Birth Registration Forms 16

22 17

23 18

24 Official Letters on the Birth Registration 19

25 20

26 21

27 22

28 23

29 24

30 25

31 26

32 27

33 28 CHAPTER 3 Management of the Personal Legal Status of Ethnic Groups in Thailand

34 29 Adding Names to Household Registration (Tor Ror 13) Applying for household registration (Tor Ror 13) is, as a rule, useful for several reasons. - The applicant is entered into the household registration (as well as DOPA s registration database) and acquires a 13-digit identification number. - The applicant has access Thai nationality as a fundamental right by law. - The applicant is included in the Project on Aliens as a fundamental right under the cabinet resolution passed on 3 October 1994 (B.E. 2537). - The applicant is given a legal status (as legal and registration evidence) and is also considered under the responsibility of DOPA. 1. The Meaning of Household Registration (Tor Ror 13) Household Registration (Tor Ror 13), according to the law, means registration for migrants with the temporary right to reside in Thailand who may have entered legally or illegally. According to the law, illegal migrants may be further distinguished into two groups: 1) Persons entering illegally but granted permission for temporary residence in Thailand under Article 17 of the Immigration Act 1980 (B.E. 2523). 2) Persons entering and residing in Thailand illegally without permission under immigration law. 2. The Extent of the Household Registration System (Tor Ror 13) DOPA will register persons with unclear legal status and those considered illegal migrants into the household registration system (whereas persons with Thai nationality will have their names added to the household registration as persons with the permanent right to reside in Thailand, or Tor Ror 14). If migrants to Thailand with or without legal permission to enter the country, together with people born in Thailand but who are without Thai nationality, wish to apply to be entered into household registration (Tor Ror 13), they must apply using the designated forms and submit them to the district office or the registrar in the area where the applicant currently has a domicile. Once the registrar has received the application, the registrar will process the application as following: (1) Investigate applicant and verify documents, especially evidence from the official government division responsible for the applicant. (2) Investigate the householder for evidence permitting the applicant s residence. (3) Verify with the central registration bureau whether the applicant s name has already been entered into household registration elsewhere. (4) Collect all evidence, making annotations where needed and submitting to the chief district officer. (5) Once the chief district officer has given approval, the registrar must enter the applicant s name into the household registration system and provide the applicant with a copy. Applicant or official letter number, date of application, registrar signature, and date of approval must be noted. (6) Issue a 13-digit identification number as evidence that the applicant has been entered into the household registration system under the form set in Article 134 (23).

35 30 (7) Report as designated in Article 132 (6) of the regulation. In conclusion, those applying for household registration under Tor Ror 13, after submitting the application, include: 3.1) Persons without Thai nationality (aliens). 3.2) Persons who entered Thailand legally with the temporary right to reside in Thailand or people who entered illegally, with or without permission for temporary residence. 3.3) Persons under the responsibility of an official government division and also with clear evidence. 16 Those applicants with the appropriate evidence as mentioned above have the right to have their names entered into the household registration. 3. How to Apply to be Entered into the Household Registration System (Tor Ror 13) The applicant must file an application at the district office in the area of his or her current domicile. This refers to the district office in which the applicant s identification card was issued (noted on the identification card) and personal records taken. The person cannot file the application in other districts. In the case that the applicant does not have personal records or an identification card, the applicant can submit the application to the district office in the area where he or she permanently resides. 4. Application Form Government-issued applications should be used (which can be requested at the district office), such as: 4.1) General Application Form on Civil Registration (Tor Ror 31) (1 copy) 4.2) Investigation Record Form for Applicants Requesting to Enter Names into the Household Registration (1 copy) 4.3) Witness Investigation Form (2 copies) 4.4) Applicant Investigation Form with photo of the applicant attached (1 copy) 5. Evidence Used in the Application The applicant must provide all personal documents (evidence) to the district officer, especially official documents proving that the applicant is under some official government division s responsibility, such as a copy of the identification card, personal records, or a copy of a household survey record (registration for Thai hill tribes, called Tor Ror Chor Khor 1) Meaning a person included in a census and registered by DOPA. For persons without any documents from DOPA, documents issued by a village head can also be used instead. 17 This registration was made by the Department of Public Welfare for an evidence of its responsibility over the person.

36 31 6. Follow-Up with the District Office The retroactive birth registration process is outlined under the Civil Registration Act 1991 (B.E. 2534) and also Article 105 of Section I in Part IV in the Regulation of the Central Registration Bureau on Civil Registration, 1992 (B.E. 2535). According to this process, there are steps and deadlines for the district officers to follow, such as: Within 20 working days, the district registrar accepting the application will verify the evidence, issue fines as necessary, and make annotations to be passed to the chief district officer. Within 3 working days, the chief district officer must decide whether to approve the application. The applicant will thus be informed whether the application has been approved within 23 working days. The applicant will also receive a copy of the household registration from the district office.

37 32 Forms for Household Registration (Tor Ror 13) Household Registration of the Tor Ror 13 Type ท.ร.13

38 33 Legal Assistance for Highlanders of Thai Nationality People living in the highland areas of Thailand who acquired Thai nationality under jus sanguinis, jus soli, or by marriage are fully entitled to apply for Thai nationality registration without consideration of their ethnic groups under the Regulation of the Central Registration Bureau on the Consideration of Legal Status Registration for Highlanders 2000 (B.E. 2543). This regulation uses the term legal status registration, stemming from the fact that this regulation does not have the authority to actually determine legal status; legal status may only be determined via nationality law. Therefore, highlanders who wish to register their legal status (as Thai nationals) must present various pieces of evidence the conditions for Thai nationality acquisition under the law to be verified. 18 One of the three following verifications needs to be completed: (1) Verification that either the father or the mother has Thai nationality (2) Verification that the person was born in Thailand as well as either the father or the mother (3) Verification that the husband has Thai nationality 19 As a matter of fact, the second type of verification is emphasised for highland people because it is not complicated and can be easily proved. Moreover, DOPA has issued registration documents, such as the records of highlanders and household survey records, which can be used as strong evidence. As mentioned, verification of Thai nationality consists of proving three crucial facts about the person applying: (1) The person was born in Thailand. (2) The father or mother of the person was born in Thailand. (3) If the person was born in Thailand after 26 February 1992 (B.E. 2535), the grandparents did not immigrate into Thailand. 20 If the person cannot prove these facts, he/she is not eligible for Thai nationality. 1. How to Provide Legal Assistance Provide legal assistance to hill tribe people applying for Thai nationality. 2. Submitting an Application to the District Office In the case that it is clear that a person and either his or her father or mother were born in Thailand, the person can submit an application for Thai nationality and household registration (Tor Ror 14) because the person is eligible for Thai nationality. The person can submit the application as a household or an individual, if the person 18 In some cases, the evidence is insufficient and the loss of Thai nationality must be verified. This is a possibility if the parents have immigrated into Thailand. 19 This only applies for those couples who registered their marriage before 1 February 1960 (B.E. 2503). The wife would acquire Thai nationality automatically. 20 If the grandparents immigrated into Thailand before the enactment of the first Immigration Act, that is, before 2 July 1927 (B.E. 2470), the person already has legal migrant status and the permanent right to reside in Thailand.