FACT SHEET 1
Nationality Verification
Background
In 2003, the Royal Thai Government
(RTG) and the Burmese military junta
signed a Memorandum of
Understanding providing for the
verification of nationality
(“Nationality Verification” or NV) of
the approximately 2 million "illegal" migrants from
Burma working in Thailand, so that they could become
"legal."
For almost 20 years the Thai economy had relied heavily
on manual labour from Burma, Cambodia and Laos
(research suggests migrants make up around 5%-10%
of the Thai workforce and contribute 6-7% of Thai
GDP) but few formal labour import systems have been
in place. Most migrants continued to be smuggled into
Thailand through porous borders with assistance from
unregulated and expensive brokers. These irregular
migrants were previously granted a year on year
amnesty to work “legally” in Thailand, but remained
“illegal” when it came to denying them access to many
basic social and human rights.
Although NV of Cambodian and Laos migrants moved
forward in Thailand when officials entered
the country to verify their nationals, the
process was never implemented for
migrants from Burma. This was due to
political sensitivities and the Burmese
government’s refusal to conduct the NV
process in Thailand.
In late 2008, RTG announced that no migrants would
remain "illegally" in Thailand after 28th Feb 2010. All
migrants would now have to enter the NV process. A
final 30-day amnesty for unregistered migrants was
then allowed in July 2009 so migrants could become
registered to be eligible for NV, and 1 million additional
migrants registered. The total number of registered
migrants in Thailand in August 2009, and hence those
eligible for the NV process, was 1,315, 932.
RTG then gradually announced commencement of the
NV process for migrants from Burma. All registered
migrants in Thailand had to undertake NV by means of a
complex 13-stage process involving Thai employment
offices, the Burmese Embassy in Thailand, the Ministry
of Foreign Affairs in Burma and
Thailand, and National Verification and
Processing Centres in three border
crossings in both Burma and Thailand.
According to official announcements
from the RTG, all registered migrants
in Thailand initially had only until 28th
Feb 2010 to complete the NV process
or face deportation.
From Aug 2009, informal news about the NV process
started to spread in migrant communities, although at
this stage most migrants and their support groups
remained in the dark. At the same time, rumours that
Burma intended to catch political activists, extort
money from migrants and their families, and even
confiscate land as a result of NV surfaced.
Announcements made clear Muslims or Rohingya
persons were excluded from NV processes. The RTG did
little to conduct public relations campaigns with
migrants, NGOs or labour organisations on the process,
costs (borne by whom) and benefits of completing NV.
It quickly became clear that the NV process was costly,
complicated and not transparent. Brokers appeared
and began to exploit migrants and their employers
given the complexities involved in
personally navigating the NV process.
Fees were too high for migrants or their
employers to reasonably take on.
Information filtering from NGOs and
communities suggested links between NV
brokers and government officials, and
conflicts of interest appeared amongst
different sectors of Thai society that had previously
benefited from irregular migration.
Response by HRDF’s Migrant Justice Programme
Applying different channels to raise awareness about
and improve the NV process, the Human Rights and
Development Foundation’s (HRDF) Migrant Justice
Programme (MJP) was the lead organisation in
Thailand to engage the RTG, appropriate ministries
and independent organisations (including the National
Human Rights Commission of Thailand) for changes to
the NV policy. MJP built support from national trade
unions such as the State Enterprise and Workers
Relations Confederation (SERC) and the Thai Labour
Solidarity Committee (TLSC), as well as global unions month to 31st Mar 2010. The Ministry of Labour began
such as ITUC, ICEM, IUF, BWI and IMF. MJP worked to publish more awareness raising materials on NV for
closely with Human Rights Watch, employers and migrants, and
and built up domestic, regional and held many public meetings for
international media interest in the migrant employers to understand
issue. In addition, MJP lobbied United the process. The Ministry of
Nations organizations such as OHCHR Labour also called meetings of
(in particular the Special Rapporteurs brokers to regulate the fees
on Migrants and Myanmar), ILO and being charged to workers to
IOM to intervene urgently against complete the process.
threats of massive deportations from
Thailand on 28th Feb 2010. By 31st Mar 2010, almost 1
million migrants had entered
Faced with public pressure, the RTG into the NV process, many in the
issued a Cabinet resolution to clarify face of the threat of mass
the NV policy on 19th Jan 2010. The Cabinet resolution deportation.
stated that the 28th Feb 2010 deadline was now only to
“enter into” the NV process. Nationality Verification Statistics
Given that less than 100, 000 migrants from Burma, All registered Migrants who Migrants who have
Cambodia and Laos had completed the process (n.b. migrants in have submitted completed NV
Thailand as of Intention to (Have Certificate of
only 10, 000 migrants from Burma had completed NV),
August 2009 enter NV Form Identity/Temporary
the deadline to complete NV was extended to 28th Feb eligible for NV and are in the Passport)
2012. The Cabinet resolution stated firmly that if process
migrants did not enter NV before 28th Feb 2010 they TOTAL 1,315,932 989, 931 185, 275
would be deported. At the same time, positive Burmese 1,079,991 809, 877 56, 055
measures such as information awareness raising and Laos 111,039 93, 135 58, 430
Cambodia 124,902 86, 919 70, 790
long term strategy planning for persons who could not Updated as of 26th March 2010
complete NV for varying reasons were outlined. Source: Administrative Committee on Irregular Migration under Ministry of
Labour

As the 28th Feb 2010 deadline to enter NV or be Around 70, 000 migrants from Burma have now
deported approached, MJP moved forward with its NV
completed NV. Still, many migrants and their employers
campaign in the face of increased domestic and
continue to lack understanding of the process, brokers
international attention. Still few migrants had entered
remain largely unregulated (although a 5, 000 Baht limit
the process and awareness remained low and NV
was formally applied to the costs they can charge for
brokers also remained unregulated. MJP put together
assisting with NV processes in mid Feb 2010), and
the second of two international petitions on the issue around 1.3 million migrants remain unregistered,
that was signed by many of the leading international unable to enter NV and subject to immediate
human rights and global union organisations, and led a deportation (around 300, 000 eligible migrants missed
march on 16th Feb 2010 in Bangkok to petition the the NV deadline, and approximately 1 million
Prime Minister, UN and ILO. On 18th Feb 2010 the UN unregistered migrants were never eligible for NV).
Special Rapportuer on the Human Rights of Migrants
issued a public statement criticizing the RTG’s
On 20th Apr 2010, RTG announced that there would be
implementation of the NV policy and expressing grave
no new registration process for migrants who had not
concerns on the RTG’s statements regarding mass
entered NV by the 2nd Mar 2010 deadline. After almost
deportation of migrants who did not enter NV before
20 years, RTG would cease new registration amnesties.
28th Feb 2010.
Instead of mass deportation for the approximately 1.3
million currently unregistered migrants in Thailand,
Towards the end of Feb 2010, the 28th Feb 2010 the RTG recommended such migrants voluntarily
deadline was changed so that migrants were only
“return home” and enter into newly developed formal
required to submit their “intention” to enter NV (n.b.
“labour import mechanisms that will bring them back
the deadline was later extended to 2nd Mar 2010 due to
to Thailand “legally.”
a public holiday). The deadline to submit biographical
information into the process was extended another
 5. Migrant Working Group

Development Timeline MJP continues to use national and international

channels to encourage NV deadline extensions and new
21.06.03 Memorandum of Understanding signed between Thailand and unregistered migrant amnesties, increase NV process
Burma about NV
2004- NV for Lao PDR and Cambodia continues to be undertaken in transparency and awareness, support brokerage fee
present Thailand reductions and increased broker regulation, and assist
09.12.08 Cabinet Resolution confirms start of NV for migrant workers from the development of more comprehensive RTG
Burma but the process will take place both in Thailand and Burma
migration policies. In addition, MJP continues to
08.09 Actual Commencement of NV Process for migrant workers from educate migrant communities about NV developments.
Burma
16.09.09 SERC1, HRDF2 and TLSC3 appeal to the Special Rapporteur on the
Human Rights of Migrants about RTG’s unrealistic demands on NV Process
migrant communities who must return to Burma to complex a
complex, costly and untransparent NV process
05.10.09 SERC, HRDF and TLSC appeal to Thai Prime Minister about RTG’s
unrealistic demands for NV
14.10.09 Reduced: the 2-year Thai visa fee from 2,000 B to 500 B for migrants
who complete NV
06.11.09 SERC, HRDF and TLSC appeal to UN Special Rapporteur to Myanmar
about RTG’s threat of deportation and refusal of Burmese
Government to conduct NV in Thailand
20.12.09 SERC, TLSC, ANM4, MWG5 and HRDF appeal to National Human
Rights Commission and Alien Workers Management Committee
about RTG’s threats of deportation of migrants refusing to go
through NV and lack of clarity in RTG NV policy
18.01.10 SERC, TLSC, and HRDF send an Open Letter of Concern to the Thai
Prime Minister to extend the NV deadline, with 36 domestic and
international organisations supporting
19.01.10 Cabinet resolution confirms deadline to enter NV as 28.02.10 but
the deadline to complete NV is extended to 28.02.12. Other
positive developments in NV policy are evidenced
09.02.10 Reduced: Ministry of Labour brings in 12 NV brokers to sign an
agreement to limit NV broker fees at 5, 000 B
12.02.10 MOL push forward with urgent trip to Burma to discuss NV
16.02.10 Domestic and International Campaign to deliver Open Letter of
Concern with over 70 support signatories to Thai Prime Minister,
Director General of ILO, UN Special Rapporteur on Human Rights of
Migrants and UN Special Rapporteur to Myanmar requesting to
extend NV deadline urgently, cease threats of mass deportation and
improve NV process
18.02.10 UN Special Rapporteur on Human Rights of Migrants Issues Public
Statement Expressing Serious Concern on RTG’s NV Policy
02.2010 Informal statements suggest the government will extend deadline to
enter NV to 31.03.10
21.02.10 Leading human rights academic and President of HRDF personally
requests Thai Prime Minister to reconsider RTG’s threats of mass
deportation and adapt existing NV policy
02.10 RTG confirms deadline to show “intent of entering” NV extended to
2nd March, and all accompanying information to complete NV
process must be submitted by 31st March 2010
26.02.10 National Human Rights Commission of Thailand (NHRC) petitions
Thai Prime Minister for careful re-consideration of existing NV policy
04.03.10 RTG issues circular to all relevant authorities advising caution to
ensure no wrongful arrest and deportation of migrants entering into
the NV process
10.03.10 NHRC holds public hearing on RTG’s NV policy
31.03.10 Around 1 million migrants meet the 31st March 2010 deadline for
entering information to the NV process
20.04.10 RTG confirms no new registration for migrants not meeting the NV
deadline and development of new formal labour important
systems. RTG advises employers to ensure unregistered migrants
return to their home country and enter Thailand illegally
1. State Enterprises Workers Relations Confederation
2. Human Rights and Development Foundation
3. Thai Labour Solidarity Committee
4. Action Network for Migrants