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 Nat;