Mong Thongdee, a national origami airplane champion, was selected to attend the Origami Airplane contest in Chiba, Japan, from Sept 19-20. However, his hope of to attend the competition to represent Thailand and his fundamental right to travel was denied by Ministry of Interior.

Duangrit Petima, the school director, sent an early request to Ministry of Interior (MOI) to grant a traveling permit and a re-entry visa in May 2009 but receive no official respond. The request was subsequently denied, on the ground that it could be a threat to national security.

The Ministry of Foreign Affairs spokesperson said there were at least two cases of stateless/nationality-less persons that received a permit to travel out of the Kingdom and a re-entry visa to return to Thailand. The ministry will issue a traveling document for aliens to Mong, if he receives the permit to travel from MOI.

On 2 September 2009, Mong flied from Chiang Mai, with a school director and a teacher, to meet Ministry of Interior officials, to seek permission to leave and re-enter Thailand after the competition. Minister of Interior gave an interview to the press and mentioned that the boy could only represent Myanmar, because he had Burmese origin. He appointed Provincial Administration Department to oversee the case.

Later, Wongsak Sawaspanich, Provincial Administration Department director general, said in a press interview that Mong might not be allowed to return to the country after the leave. The decision of Wongsak was based on a recommendation by Foreign Affairs Bureau, Permanent Secretariat Office, Ministry of Interior (a Memorandum No. Mor.Thor. 0204.2/ 1184, date 1 September 2009), stating traveling out of Kingdom is not permitted for migrant workers.

Upon hearing the decision, Mong and teachers were unable to suppress their tears.

A legal opinion of Bangkok Legal Clinic for Right to Legal Personality stated that Mong could be granted Thai nationality because of his contribution to Thailand. However, the most urgent agenda is to grant the right to travel, which is possible under Section 17 of the Immigration Act. The law authorizes Ministry of Interior to allow an alien residing in Thailand to travel and return to Thailand.

The right to travel is enshrined in Article 12 of the ICCPR, in which Thailand is a state party to the convention. Compliance to the international and domestic laws with respect to child’s right and right to travel freely is anticipated.

Background information

Mong Thongdee was born on 2 May 1997 in Thailand. He received an identification paper by the Thai state. Mong’s parent, Yun and Moy Thongdee, migrated to Chiang Mai, Thailand from Baan Nam Chang, Shan State. Thus, they may not have Burmese nationality, because they belong to an ethnic group that has been being persecuted by Burmese military regime. Mong as his family remain nationality-less.

Mong’s parents were registered as migrant workers in Thai civil registration system in 1995 and received work permit to legally work and temporarily reside in Thailand. Mong was granted temporarily residential status as an accompanying family member. He currently attends Huay Srai School in Chiang Mai.

Suggested action

Write a petition/letter to MOI, the Prime Minster of Thailand, The National Human Right Commission of Thailand and international human rapporteurs.