A/HRC/36/61
Cham communities
31.
The Cham people form the majority of the Cambodian Muslim population and are
generally recognized as a religious rather than an ethnic minority in Cambodia. They form a
relatively heterogeneous group and most live along the Mekong River and around Tonle
Sap Lake. They speak the Cham language but also, usually, Khmer. The Cham people were
considered Cambodian citizens before the Khmer Rouge period, when they were
specifically persecuted. Case 002/02 against Nuon Chea and Khieu Samphan before the
Extraordinary Chambers in the Courts of Cambodia includes a charge of genocide against
the Cham. The Cham people have now re-established their lives in Cambodia and their
religious practices. Many survive by fishing; others live in Phnom Penh. In October 2016,
the Special Rapporteur visited urban Cham communities to better understand their
situation.
32.
Urban Cham communities generally feel well integrated into Khmer society and do
not feel that their religion or ethnicity affects how they are treated. There is evidence of
specific education combining the national curriculum with Islamic subjects and Qur’anic
studies. The Minister of Education, Youth and Sports informed the Special Rapporteur that
the salaries of some 1,400 Muslim teachers were being supported by his Ministry. Cham
people were active in politics. There was also evidence of intermarriage. Those with whom
the Special Rapporteur met had identity documents and were able to travel freely. The
poorer Cham, however, faced the same challenges as other poor Khmer, including
vulnerability in respect of their economic, social and cultural rights, for example in terms of
access to clean water, sanitation and health care. The information received, however,
indicated that there was little discrimination against Cham communities.
Ethnic Vietnamese and Khmer Krom communities
33.
The ethnic Vietnamese in Cambodia are a heterogeneous minority. Many are recent
migrants and people engaging in cross-border trade. Some are in Cambodia legally, others
illegally, and they have many different residency statuses. A particular focus for the Special
Rapporteur are those ethnic Vietnamese who have lived in Cambodia for generations and
the Khmer Krom, ethnic Khmer people who found themselves living in Viet Nam when the
borders were drawn. Many Khmer Krom were displaced during the periods of conflict in
the latter part of the twentieth century, often losing their identity papers. Case 002/02
before the Extraordinary Chambers in the Courts of Cambodia includes a charge of
genocide against the Vietnamese in Cambodia, distinct from any alleged crimes on
Vietnamese territory. Following the return of peace in Cambodia, many of those people
returned to Cambodia or regrouped into pre-conflict era communities.
34.
In October 2016, the Special Rapporteur met with ethnic Vietnamese and Khmer
Krom communities. Many of those individuals appeared to face challenges with birth
registration and identity cards. The lack of identity documents inevitably had an impact on
many other rights, particularly to basic social services. The Government published its
National Strategic Plan of Identification 2017-2026 in June 2016. The Plan seeks to ensure
that everyone is recognized, a goal that is consistent with international human rights law. It
also underpins the Sustainable Development Goals principle of ensuring 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. In terms of international human rights law, all children
are entitled to a nationality and to birth registration. It is worrying that a number of people
living in Cambodia or deported to Viet Nam are stateless or at risk of being rendered
stateless. The Special Rapporteur welcomes the willingness of the Government to grant
Khmer citizenship to Khmer Krom, in accordance with article 33 of the Constitution.
Despite this, in reality many Khmer Krom face difficulties in getting birth certificates and
identity documents in Cambodia. The Government should abide by its Constitution, its
national laws and the international conventions it has ratified with regard to nationality,
citizenship and non-discrimination. It should also take steps to prevent and end
statelessness in Cambodia.
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