47th Years of the Alienated Citizen from the Alienated Land

Abstract

The inclusive citizenship and the fact that being counted-in as citizens is a common long-lost dream of stateless persons in Thailand. On of the obstacle is the national security that govern the acquisition-loss-reinstatement of nationality under the nationality laws in Thai state. From the beginning of the Naturalization Act B.E. 2454 (1911) and the Nationality Act B.E. 2508 (1965), and following amendments in 1972, 1992, 2008, and 2012.  Each amendment resulted in either an opening or a closing space to access Thai nationality based on the Jus soli principle. Governments enacted policies at different time (Cabinet of Ministers’ Resolutions) determine specific conditions and criteria for acquiring Thai nationality.

On the 30th anniversary of the Convention on Rights of the Child, in which Thailand is the state party, the article intends to reviews the changes in Thai laws and policy on the inclusion of stateless children (and former stateless children)  to be Thai citizens on the “Jus Soli citizenship.” In conclusion, Thailand used to give citizenship to aliens under the Jus Soli, regardless of immigration status. Undocumented immigrants without documents may seek naturalization until 1953 and 1972. Most importantly until 1992, the tipping point for naturalization had contributed to statelessness until the present. In 2008, the Jus Soli principle for naturalization. has been re-introduced. This article accidentally discovered that the stateless immigrants and families have slim chance to acquire Thai nationality because of national security reason, since the military government. The idea has been inherited by the subsequent governments. In some military governments from coup d’etat, immigrants had more access to the Thai nationality through naturalization.