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. Our Voices are Heard in Thailand 61

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