泰國清邁地區雲南華人無國籍現象社會關係之研究
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2014
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本研究以泰國清邁地區的雲南無國籍華人為對象，透過瞭解無國籍人士的生活經驗，討論他們在泰國社會中所遇到的困境，並闡述無國籍人士與泰國的社會關係。無國籍的議題在學術上值得關注，造成無國籍現象的原因，各國不同。定居在泰國清邁的雲南華人，是因國共內戰而輾轉到泰國的國民黨軍隊、眷屬及一般居民，隨著時間推進，他們成了孤軍後裔。他們居住在困苦環境，也缺乏教育資源的山村裡，因為沒有國籍身分，阻礙著學子求學之路，自中學畢業者屈指可數，更遑論謀得一份工作，許多人尚未畢業便外出打工，這都是在難民村中雲南華人因無國籍所造成的處境，他們對人生的未來感到徬徨。
透過筆者的親身經歷，本研究從雲南無國籍華人對國籍的觀點、展望、情緒和感受，探討在清邁難民村雲南華人在無國籍狀態下所造成的社會現象，以及他們與社會關係情況。
本研究發現，按照當前泰國政府的國籍政策，在歷年來的泰國國籍法中，透過屬地主義取得泰籍是基本判定標準，但當移民人口眾多威脅到國家安全情況下，國籍法出現變化，例如為了因應因中南半島戰爭而逃至泰國的移民問題，在1972年臨時頒布革命委員會宣言第337號 (Declaration of the Revolutionary Council No.337) ，規定父母親原不具泰籍者之子女，即使其子女在泰國出生，其泰籍可能會被剝奪。雖然該政策形式上已被取消，但面對持續入境的移民，政府仍保持過去的心態，造成移民與其在泰國出生的子女無法順利取得國籍，或是國籍政策的反覆，承辦人員的處理效率不彰，均造成無國籍現象持續在泰國社會存在的原因。按照泰國國籍法對國籍取得的限制走向開放的情況下，無國籍問題是可以在短時間內解決到一定的程度，拖延未決的原因，根據筆者的調查結果，原因有四：一是承辦人員不具相關法律知識、忽略與處理效率慢；二是無國籍人士不瞭解申請程序、提供不正確的個人資料、未獲得相關資訊；三是1965年泰國國籍法的問題及改變，並導致無國籍人士在泰國的增加；四因泰國政治不穩定而造成政策更迭。因此，使雲南無國籍華人無論在工作、受教、就醫、人身自由與財產權方面，都受到障礙，這使他們懷疑自己在泰國社會中存在的價值。
In this study, the stateless Yunnan Chinese in Chiang Mai, Thailand were adopted as participants. Through the living experiences of these stateless individuals, the plights they faced in Thai society were explored. In addition, the social relationship between these stateless individuals and Thailand was expounded. Statelessness is an issue of academic concern, and the reasons causing statelessness vary from country to country. The Yunnan Chinese that live in Chiang Mai, Thailand used to be Kuomintang soldiers, dependents, and commoners that moved to Thailand because of the civil war. As time went by, they became descendants of KMT soldiers. They lived in constant dread of poverty in mountain villages that lacked educational resources. Their statelessness impeded them from seeking education that only a handful managed to graduate from high school, let alone getting a job. Many people worked part time without graduating, the result of the statelessness of Yunnan Chinese living in refugee villages who felt anxious about their future. Through the author's personal experience, the social phenomena as well as the relationship between they and the society caused by the statelessness of Yunnan Chinese living in refugee villages in Chiang Mai were explored from the perspectives, prospects, sentiments, and feelings of the statelessness Yunnan Chinese. It was found that according to the Thai government's nationality policy (attitude towards statelessness) and the Nationality Act implemented in Thailand over the years, naturalization to Thai citizenship within the territorial jurisdiction is the basic criterion. However, when the growing immigrant population posed a threat to national security, modifications were made to the National Act. For example, in response to the problem of immigration arising from the people that fled to Thailand after the outbreak of the Indochina War, in 1972, the Declaration of the Revolutionary Council No. 337 was promulgated. The provisions stipulate that parents of children without Thai citizenship may be deprived of their Thai citizenship status even if their children were born in Thailand. Although the policy has been officially cancelled, the governments' attitude towards immigrants that continue to enter the country remains the same as before. This resulted in denied granting of citizenship to immigrants and children born in Thailand. Additionally, the policy mess and the undertakers' operational inefficiency have contributed to the phenomenon of statelessness that continues to exist in Thai society to this day. As Thailand's National Act has gradually lifted the restrictions on naturalization, to some extent, it may be the solution for statelessness within a short time span. As for reasons contributing delays and the pending issues, based on the author's investigation findings, there are four reasons: 1. The undertaker lacks related legal knowledge, overlooks matters, and is inefficient in handling; 2. Stateless individuals are unfamiliar with the application procedures, supply incorrect personal data, or fail to receive relevant information. 3. In 1965 due to Thailand new nationality policy, the number of stateless person is increasing. 4. The unstable political situation in Thailand provoked more people to become stateless. Hence, the statelessness Yunnan Chinese suffered setbacks in many aspects, such as work, education, medical treatment, personal liberty, and property rights, all of which make them doubt the value of their existence in Thai society.
In this study, the stateless Yunnan Chinese in Chiang Mai, Thailand were adopted as participants. Through the living experiences of these stateless individuals, the plights they faced in Thai society were explored. In addition, the social relationship between these stateless individuals and Thailand was expounded. Statelessness is an issue of academic concern, and the reasons causing statelessness vary from country to country. The Yunnan Chinese that live in Chiang Mai, Thailand used to be Kuomintang soldiers, dependents, and commoners that moved to Thailand because of the civil war. As time went by, they became descendants of KMT soldiers. They lived in constant dread of poverty in mountain villages that lacked educational resources. Their statelessness impeded them from seeking education that only a handful managed to graduate from high school, let alone getting a job. Many people worked part time without graduating, the result of the statelessness of Yunnan Chinese living in refugee villages who felt anxious about their future. Through the author's personal experience, the social phenomena as well as the relationship between they and the society caused by the statelessness of Yunnan Chinese living in refugee villages in Chiang Mai were explored from the perspectives, prospects, sentiments, and feelings of the statelessness Yunnan Chinese. It was found that according to the Thai government's nationality policy (attitude towards statelessness) and the Nationality Act implemented in Thailand over the years, naturalization to Thai citizenship within the territorial jurisdiction is the basic criterion. However, when the growing immigrant population posed a threat to national security, modifications were made to the National Act. For example, in response to the problem of immigration arising from the people that fled to Thailand after the outbreak of the Indochina War, in 1972, the Declaration of the Revolutionary Council No. 337 was promulgated. The provisions stipulate that parents of children without Thai citizenship may be deprived of their Thai citizenship status even if their children were born in Thailand. Although the policy has been officially cancelled, the governments' attitude towards immigrants that continue to enter the country remains the same as before. This resulted in denied granting of citizenship to immigrants and children born in Thailand. Additionally, the policy mess and the undertakers' operational inefficiency have contributed to the phenomenon of statelessness that continues to exist in Thai society to this day. As Thailand's National Act has gradually lifted the restrictions on naturalization, to some extent, it may be the solution for statelessness within a short time span. As for reasons contributing delays and the pending issues, based on the author's investigation findings, there are four reasons: 1. The undertaker lacks related legal knowledge, overlooks matters, and is inefficient in handling; 2. Stateless individuals are unfamiliar with the application procedures, supply incorrect personal data, or fail to receive relevant information. 3. In 1965 due to Thailand new nationality policy, the number of stateless person is increasing. 4. The unstable political situation in Thailand provoked more people to become stateless. Hence, the statelessness Yunnan Chinese suffered setbacks in many aspects, such as work, education, medical treatment, personal liberty, and property rights, all of which make them doubt the value of their existence in Thai society.
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雲南華人, 無國籍人士, 社會關係, 個人身分, 清邁地區, Yunnan Chinese, Statelessness Individuals, Social Relationships, Personal Status, Chiang Mai