Bongkot Napaumporn.. Analysis of nationality verification of migrant workers in Thailand : the case of workers from Cambodia, Lao PDR and Myanmar. Master's Degree(Human Rights). Mahidol University. Mahidol University Library and Knowledge Center. : Mahidol University, 2012.
Analysis of nationality verification of migrant workers in Thailand : the case of workers from Cambodia, Lao PDR and Myanmar
Abstract:
Nationality is a legal instrument of a State for determining the rights and duties of individuals. Those who are considered nationals are entitled to protection from that State. However, people need to prove that they are entitled to the nationality of that State in order to exercise the rights of nationals. This study attempted to elucidate that nationality is recognized as an inalienable right of human beings under several international conventions. This study further aimed to analyze the nationality problems of migrant workers in Thailand from Cambodia, Lao PDR, and Myanmar, particularly on the Nationality Verification (NV) process developed under the Memorandum of Understanding (MOU) on Cooperation in the Employment of Workers between Thailand and the three neighboring countries. Furthermore, the study attempted to examine whether this verification process does in fact solve the nationality problems of the migrant workers. In doing so, the researcher analyzed case studies of workers from Cambodia, Lao PDR, and Myanmar as a basis, and reviewed relevant literature regarding the issue. The study revealed that nationality is the State's legal instrument in determining the rights of the person and also the right, itself, is normatively recognized under many international legal standards. The study also showed that most of these migrant workers from the three countries entered Thailand irregularly. In order to legally make use of these workers in Thailand, the Nationality Verification process was initiated and implemented in coordination with Thailand and their respective country of origin. The case studies indicated, however, that the migrant workers and members of their families have encountered difficulties during the Nationality Verification process. Without work permission, the migrant workers and their children do not have access to the Nationality Verification. As low-wage workers, the procedure of verification is too costly and also complicated. Furthermore, the workers who rely on a broker for the Nationality Verification, most of the time, are deceived by excessive charges. Moreover, the study has highlighted that there is a risk of becoming stateless or illegal after completion of Nationality Verification. The study affirms that nationality is set forth as a fundamental right, but in order to exercise the right, the proof is key. In the migration context, particularly for the case of workers from Cambodia, Lao PDR, and Myanmar in Thailand, the process of the proof of nationality turns out to be complex and difficult. Besides, the Nationality Verification process seems not to be intended to solve the nationality problems of these migrant workers, but rather to facilitate legal employment of the workers in Thailand. To improve the situation, the study recommends that employment should not be stipulated as a condition for legalization of the migrant workers, and the capacity of overseas missions of each relevant country should be built up to conduct the proof of nationality in general.In terms of prevention for irregular entry, which could lead to nationality problems of the workers, database systems on immigration as well as on civil registration should be developed and linked both internally and between concerned countries.