Article 15
“The celebration of the 60th Anniversary of the
Universal Declaration of Human Rights should
serve as an opportunity to ensure that everyone
will one day finally have a nationality of their own”
Commentary
Associate Professor Dr. Pantip Kanjanajitra
Saisoonthorn of the Faculty of Law at
Thammasat University explains that the
identity papers held by both girls who shared
the story above were issued according to
Section 38 of the Public Registry Act (1991)
and were modified by Public Registry Act (2nd
edition) (2008). Through this Act, the
Department of Administration has recognized
both girls as persons with a domicile in
Thailand. They are to be included in the public
registry as immigrants with temporary status.
They do not have nationality yet, but their
legal status has been recognized and
registered in the public registry, she explains.
Dr. Saisoonthorn notes that the lack of
progress in resolving cases in Thailand that
deal with problems concerning lack of
nationality is often the result of a lack of legal
knowledge by the public. The authorities
themselves are also often in need of such
legal knowledge. Prejudice sometimes also
Dr. Pantip Kanjanajitra Saisoonthorn
plays a negative role in the way such cases are
dealt with, she says.
Dr. Saisoonthorn added that the amendment
to the Nationality Act (2008) became law on
23 February 2008, and the Civil Registration
Act on 23 August 2008. These two acts offered
a solution to resolve the issue of nationality
facing the hundreds of thousands of people
living in Thailand with no nationality. She says
that the crucial point is to establish a clear role
for an agency to handle nationality issues and
to clearly outline its responsibilities. She adds
that the most important issue to consider in
the new Civil Registration Act is that all children
born in Thailand will be entitled to a birth
certificate regardless of their legal status.
Dr. Saisoonthorn recommends that this year’s
celebration of the 60th Anniversary of the
Universal Declaration of Human Rights should
serve as an opportunity to ensure that people
like these two young girls will one day finally
have a nationality of their own.
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