Article 13
“Thailand should have a judicial system that provides justice
and protects its people based on its international obligations”
Commentary
Mr. Somchai Homla-or
Mr. Somchai Homla-or, an experienced human
rights lawyer, comments on the rights to
movement and change of place of residence that
affect three main groups of people in Thailand:
stateless people who have missed being
documented under the civil registration survey
and those who are known as ‘people with coloured
IDs’ (such as the hill tribes or ethnic groups in the
north of Thailand, or Thai displaced persons in the
south); cross-border labourers from neighbouring
countries and countries in South Asia (the majority
of whom are illegal immigrants, although some
have legal work permits and identification cards);
and lastly, refugees, who in Thailand are called
‘displaced persons fleeing from civil strife’ and who
live along the borders, including students from
Myanmar, and people who have been registered as
camp residents and recognized as refugees. These
three groups, combined with unregistered groups,
could account for millions of people.
is ‘narrow-minded’, as the Universal Declaration
applies to all human beings and, in accordance
with human rights ideology, the above are
considered natural rights. Documents or
conventions, both national and international,
should only serve as affirmation of these rights.
These people do not have the rights and liberties
of Thai nationals, as they are not considered
citizens. This interpretation, in Mr. Homla-or’s view,
Mr. Homla-or believes that the rights of these
people are unreasonably limited. For example, the
fact that they are forbidden to leave the province
In his view, Article 13 of the Universal Declaration,
which states that persons have the right to choose
their place of residence and the right to
movement, covers the rights of these people.
These are not absolute rights, but are sensible and
reasonable conditions and limitations based on the
needs of the state. These are different from rights
regarding religious beliefs and some other rights
which are fundamental, absolute rights which
cannot be abused. The question Mr. Homla-or
raises is whether the rights of these people are
sensibly and reasonably balanced on the basis of
the needs of the state.
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