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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