A/HRC/42/60/Add.1
to school and access to Cambodian citizenship. 80 Following the outcome of 2015-2016
Immigrant Census, which revealed that a number of children whose parents are Vietnamese
did not go to school, the Ministry of Interior and the Ministry of Education, Youth and Sport
coordinated efforts to ensure that such children can attend school like other children.
Challenges however remain.
48.
In 2016, MIRO found that only 5 per cent of 414 ethnic Vietnamese surveyed in
Takeo, Kampong Chhnang and Pursat provinces had birth certificates. 81
49.
The Government published its National Strategic Plan of Identification 2017-2026 in
June 2016. This seeks to ensure that everyone is recognized, a goal that is consistent with
international human rights law and should ensure that no one is left behind. The Plan should
help ensure that all children in Cambodia are able to have their births registered and that all
those who have historically been based in the country can once again get appropriate identity
cards. Concern has been expressed over the plight of Khmer Krom and ethnic Vietnamese
living in Cambodia for generations by many independent experts including the Human Rights
Committee,82 the Committee on the Elimination of Racial Discrimination which requested
that Cambodia explain how it was ensuring ‘equal protection and access to basic human rights
(education, standard of living, health care) to all persons under the jurisdiction of the State,
including minority groups such as the Khmer Krom and ethnic Vietnamese, 83 and the
Committee on the Elimination of all Forms of Discrimination Against Women which noted
that “women of Vietnamese origin undergo considerable difficulties in the registration of
births and the acquisition of Cambodian citizenship, which places them at risk of
statelessness’ and recommended that Cambodia ‘intensify efforts to facilitate the birth
registration of children born to Vietnamese mothers and their acquisition of citizenship”. 84
CSDG 16.9 aims at securing at least 90% birth registration by 2024, though this figure could
be achieved whilst leaving those of Vietnamese heritage behind.
50.
Cambodian officials routinely treat ethnic Vietnamese as “foreign nationals” or
“immigrants”, despite their strong claims for citizenship. Often their documentation
(including proof of citizenship) was lost during their displacement, confiscated by the
authorities, or is viewed with suspicion.85 The Human Rights Committee was concerned
about reports of discriminatory and violent acts perpetrated against ethnic Vietnamese
persons and recommended that Cambodia strengthen its efforts to combat racist attacks
against such persons and consider developing a national action plan against racial
discrimination.86 The Ministry of Interior is working towards regularising and standardising
all documentation. In August 2019, it notified the Special Rapporteur that it has recently
achieved considerable success in confiscating irregular administrative Cambodian
documents owned by foreigners and receiving applications for the recognition of immigrant
aliens and permanent resident certificates. After the confiscation of irregular administrative
documents owned by foreigners, the Ministry of Interior has instructed the sub-national level
administrations and all police units involved in issuing administrative letters and birth
certificates for Cambodian spouses, children and immigrant aliens whose documents had
been confiscated, to expand the administrative services in response to their needs as stated in
Circular 015 of 1 July 2019 issued by the Ministry of Interior.
51.
It is clear that more efforts are made to ensure that all those entitled to Cambodian
citizenship, including those who have made Cambodia their home for generations and
80
81
82
83
84
85
86
Hyde, M. (2016), ‘Report on Access to Birth Registration for Marginalised or Vulnerable
Populations: A Case Study on Ethnic Vietnamese Minority Communities in Cambodia’, report
prepared for the Minority Rights Organization (MIRO), August 2016.
Minority Rights Organization (MIRO) (2016), ‘Research Finding Statelessness Minority Groups in
Cambodia Takeo, Kampong Chhnang, and Pursat’, Phnom Penh: MIRO.
CCPR/C/KHM/CO/2, para. 27.
CERD/C/KHM/13, paras. 44, 51.
CEDAW/C/KHM/CO/4-5, paras. 30-31.
Nguyen, L. and C. Sperfeldt (2012), Boat Without Anchors: A Report on the Legal Status of Ethnic
Vietnamese Minority Populations in Cambodia under Domestic and International Laws Governing
Nationality and Statelessness. Phnom Penh: Jesuit Refugee Service. Available at
http://jrscambodia.org/aboat_without_anchors.html.
CCPR/C/KHM/CO/2, para. 8.
15
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