วารสารวิชาการนิติศาสตร์ มหาวิทยาลัยทักษิณ

International protection of this group A. International mechanism Almost every states include Myanmar become a party of UN, therefore, GOM is obliged to comply with the UN Charter especially article 55 (c) “Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex,langugages or religious. Furthermore, GOM not only be a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and CRC but also GOM ratified both of them. For this reason, it can be interpreted that stateless persons ( Rohingyas) in Myanmar enjoy the rights under those conventions. International treaties on statelessness generally consist of two principles: the protection and the avoidance of statelessness. The rights of stateless persons are provided under the UN Convention 1954. However, this Convention does not oblige state parties to grant to right of residence to stateless persons. The 1961 Convention also aimed at preventing statelessness. It requires state parties granting nationality to person who is born in their territories. Even though, the UN Convention 1954 and the 1961 Convention on the Reduction of Statelessness (the UN Convention 1961) play an important role to protect and prevent person to become stateless, these two instruments cannot apply in Rohingyas case effectively because GOM has not been a state party of them. However, some of these provisions are international customary law. B Regional legal tool The problem of stateless of the Rohingyas needs regional legal corporation to solve this issue. Association of Southeast Asian Nations (ASEAN) is international government institution which has several mechanism to deal with Royingyas as can explain following; วารสารวิชาการนิติศาสตร์ มหาวิทยาลัยทักษิณ ปีที่ 5 ฉบับที่ 7 มกราคม - ธันวาคม 2557 