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of the Government under the UPR process. These groups are considered to be the most vulnerable
and are facing human rights infringements either from anyone’s actions taken with multi-discrimination

and their intersectional attributions. The NHRCT considers that the Government has made its efforts to protect
all eight groups, with the promulgation and adoption of laws and policies with affirmative actions taken,
while there are limits and constraints found with both effectiveness and efficiency of the implementation
and enforcement of these laws and policies with incoherence among state apparatuses. These groups
are nevertheless not able to access to their basic rights in proper manners. Their situations with NHRCT’s

concerns and recommendations shall be concluded as follows:

ETHNIC AND TRIBAL GROUPS, STATELESS AND NATIONALITYLESS PERSONS:

Thai society has been formed with embedding of social and cultural pluralism comprising self-identified
56 ethnic and tribal groups whom claiming their existence in Thailand for generations, while some of
them continually face statelessness and nationality problems due to the limits of laws and policies on
nationality and rights of Thai citizens. Thus, they are not allowed to access to basic rights or any other
developments. The NHRCT thus delicately and strategically conducts its duties on investigation and

promotion and identifies root-causes of rights derogation and infringements of these groups as follows:
• Being stateless and nationality-less persons due to lack of evidences and documents with self-proofs,
of uncertainty or problems and shortcomings for adding-up their names within civil registrations and with

requesting for identity cards;
• Being rootless persons or undocumented due to being founding or orphans;
• Being expelled their names from or frozen their names with movement in civil registrations;
• Lack of or ambiguity of laws, policies and operational guidance for nationalization (being Thai) for persons
facing statelessness and nationality problems, e.g. persons making public contributions;

• Lack of clear, certain and official-recognized definition of “indigenous peoples” with strong
links to communal and ancestral bonds practicing their earning ways for generations in continuity;

Meanwhile, the Government continually spends the great efforts solving problems of statelessness
and nationality with the adoption and enactment of laws and policies corresponding to statelessness
and nationality situations, in 4 main parts as: (i) the redemption for nationality problems caused by the
announcement of Revolutionary Decree, No.337 through the enactment of Nationality Act, B.E. 2509
(1966) with Additional Amendment (No.4), B.E. 2551 (2008), Section 23 for solving of nationality problems

from the denial of “jus soli” ; (ii) the transfer of nationality of descendants of Thai parents but without
Thai nationality or losing their Thai nationalities due to the state succession with ‘jus sanguinis”, e.g. Thai
displaced persons; (iii) the minimizing of work process for approval of Thai nationality on individual basis;

and (iv) the solving of nationality and legal status problems of pupils, students and nationality-less persons
in Thailand being descendants of ethnic minorities and ethnic groups whom born in Thailand, including
children and persons being studying or graduated with the bestowment of Thai nationality in general
through the enactment of Civil Registration Act, B.E.2534 (1991) and Additional Amendment (No.2) regulating
the criteria for birth registration of all children born in Thailand and Civil Registration Act (No.2), B.E. 2551

regulating guiding principles for making of civil registration of persons residing in Thailand. Meanwhile

รายงานผลการประเมินสถานการณ์ 33 ด้านสิทธิมนุษยชนของประเทศไทย ปี ๒๕๕๙