On the day that the child of a
Burmese asylum seeker is born in a Thai hospital, the birth record is removed.
In most countries infants are registered at birth. Since citizenship and
nationality are necessary prerequisites for individuals to enjoy all of their
other human rights, removing the birth records of these children robs them of
their future. The UN High Commissioner for Refugees (UNHCR) has expressed
concern regarding inconsistency in Thai procedures for issuing birth
certificates to displaced Burmese children. Far more can and must be done to
secure the possibility of a better life for these and other stateless children
around the world.
Families fleeing arbitrary
arrest, forced labor, rape, and killing by the Burmese military arrive at the
border of Thailand with hopes of leading a life free of human rights abuses,
but they are prohibited from gaining refugee status due to Thailand’s narrow
definition of “refugee”. Only an estimated 150,000 refugees have been allowed
to register to live in refugee camps, leaving more than one million others to
live illegally both inside, but primarily outside, the refugee camps. Because
Thai law does not recognize the children as citizens, they are subject to
hazardous or exploitive labor conditions, sexual and other abuse, denial of
education and healthcare, and other violations of their basic human rights. As
grim as the current situation for children is, the future looks even worse.
The 1948 Universal Declaration of
Human Rights, Article 15, guarantees everyone the right to a nationality. It is
usually granted on the basis of a person’s place of birth (jus solis) or on the
basis of their descent (jus sanguinis), but it is a right that the children of
Burmese asylum seekers born in Thailand cannot enjoy. Even though Thailand has
signed the Convention of the Rights of the Child, it has reservations on
Article 7 and 22 concerning registering of birth and granting citizenship to
the refugee children, who are viewed first and foremost as illegal aliens.
Therefore, even though the Burmese displaced children are born on Thai soil,
they are not granted Thai citizenship.
Likewise, the Burmese government
disavows its responsibility and refuses to give citizenship to children of
Burmese parents born in Thailand. The reasons for refusing the Burmese
citizenship are: 1) the children do not have birth certificates; 2) the parents
have left Burma illegally; and/or 3) the parents themselves were never provided
with proper citizenship papers. Neither recognized by the Burmese government
nor wanted by the Thai government, many of the children are stateless and live
their lives in limbo.
There are no accurate estimates
of stateless children in Thailand. The reproductive health situation for
Burmese parents is generally poor and while some babies are born in state
hospitals, countless others are delivered at home. Even though the Thai
Ministry of Education is supposed to issue the Regulation on Evidence of a
Child’s Birth for School Admission in honor of Article 29 of the Convention of
the Rights of the Child, not all of the children receive this document needed to
attend Thai schools. One stateless child stated, “I don’t want to pick chilies
and onions in the plantation. I want to go to school. I want to wear a school
uniform proudly and learn the materials in a proper classroom like them
[referring to the Thai students].” When children can attend Thai schools, they
are unable to attain an official degree or certificate permitting the young
person to pursue further education or to find a job.
In Mae Sot, one of the border
towns between Thailand and Burma, migrant families live in squalid conditions.
Lacking prerequisites necessary to becoming successful members of society, many
of them are forced to work long hours as seasonal agricultural workers, as
domestic help in households, and as laborers in clothing and plastic factories;
others scavenge for plastic and paper scraps. Still others must forage for
food, beg, and sell themselves into prostitution as they struggle to escape
their dire circumstances. Many of the children are depressed and hostile. Some
have developed self-hatred or displaced their strong feelings towards the Thai.
They are also exposed to violence in their neighborhoods; and are victims of
domestic abuse.
The U.S. State Department has
reported that child labor in Thailand is a huge problem. Child domestic workers
have been raped by their owners. Trafficking is another issue affecting
stateless children and youth. A thirteen year old girl, who had run away from
her owner in Bangkok to Mae Sot, recounted her story, “I was sold for less than
800 baht (about $20 U.S. dollars) to work as a housemaid in Bangkok. I have to
get up before five to start preparing for the shop. She (her owner) made me eat
5-10 chilies to wake me up. I don’t get to sleep until I cleaned up everything
(which she usually finishes around 11 p.m. or midnight). I ran away because
they were going to sell me to work in sex trade.”
Recognition as refugees would be
a significant step for these children, allowing them to access humanitarian aid
and necessary services. But even refugee status is not sufficient since refugee
children continue to face an insecure environment and a bleak future of being
unable to access higher education, health care, and employment.
Refugees International therefore
recommends that:
* The Royal Thai Government grant
citizenship to children born in Thailand and the Government of Burma grant
citizenship to Burmese children who return without having obtained Thai
citizenship.
* The Royal Thai Government grant refugee status to all the legitimate asylum
seekers.
* The Royal Thai Government allow international organizations, especially the
UNHCR and UNICEF, to provide full assistance to all refugees, asylum seekers,
and stateless persons, especially children.
* UNHCR and UNICEF continue to press the Royal Thai Government on the
importance of providing stateless children access to education, health care,
and adequate nutrition.