BANGKOK — Following Thailand’s recent withdrawal of its reservation to Article 22 of the Convention on the Rights of the Child (CRC), which addresses the rights of refugee and asylum-seeking children, a public debate has erupted online, fueled by widespread misunderstandings. Some individuals in Thailand have mistakenly interpreted the government’s decision as a move that would automatically grant Thai citizenship to all foreign children in the country.
The controversy began after the United Nations Human Rights Office for Southeast Asia (OHCHR) posted on September 6, welcoming Thailand’s decision to withdraw its reservation. OHCHR emphasized that this move would enhance the protection of refugee children in Thailand, prompting concerns and confusion among segments of the public.
In response, on September 9, Thailand’s Ministry of Foreign Affairs clarified that the withdrawal does not grant automatic citizenship to foreign children. Instead, it aims to provide adequate protection and humanitarian assistance to children who claim refugee status, whether they are accompanied by their parents or not. Article 22 of the CRC mandates that “States Parties shall take appropriate measures to ensure that a child claiming refugee status receives protection and humanitarian assistance,” with no reference to nationality or citizenship.
Thailand, a signatory to the CRC since 1988, is one of 196 countries to ratify the treaty, making it one of the most widely accepted international conventions. The recent withdrawal of the reservation is part of Thailand’s ongoing legal review and cooperation with other countries to address issues related to refugees’ accommodation and resettlement.
The Ministry also stressed that the withdrawal of this reservation does not alter Thailand’s nationality laws, which continue to govern the criteria for granting citizenship to foreigners.
On August 30, 2024, Thailand’s Department of Children and Youth officially announced the withdrawal of the reservation to Article 22, underscoring the nation’s commitment to upholding the rights of all children without discrimination. The Cabinet had approved this withdrawal on July 9, 2024, following a proposal from the Ministry of Social Development and Human Security. The ministry reaffirmed that Thailand has long provided care for refugee children in line with international standards.
In response to public concerns, Minister of Social Development and Human Security Warawut Silpa-archa addressed allegations circulating on social media, particularly accusations that Thailand was now obligated to grant citizenship to refugee children under Article 22. Warawut firmly denied these claims, stating that the article makes no mention of nationality and focuses solely on protecting children’s basic rights, including access to healthcare, education, and development opportunities.
“There has been a misunderstanding that Thailand must grant citizenship to these children under Article 22, which is completely false,” Warawut stated, emphasizing that the article focuses on humanitarian assistance rather than nationality. He added that the provision has been implemented globally for over 40 years and ratified by over 100 countries, none of which are required to grant citizenship as a result.
Addressing concerns that Thailand may be prioritizing foreign children over its own, Warawut reiterated that Thailand’s policy is to care for all children, regardless of their nationality. He highlighted that Thai children abroad receive similar protections from other nations under the CRC framework, but this care does not extend to automatic citizenship.
Warawut called on the public to spread accurate information, urging people to counter the misinformation circulating online. He emphasized that misunderstandings over the CRC’s provisions are prevalent and that efforts must be made to ensure the public is well-informed.
