SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA Cambodia TABLE 67 Status of Accession of International Human Rights Treaties in Southeast Asia Country Laws Citizenship Law Jus sanguinis and jus soli provisions Cambodia’s citizenship legislation contains both jus sanguinis and jus soli citizenship provisions for individuals to gain “Khmer nationality”.2614 Regardless of the place of birth, a child born to a citizen parent automatically obtains Khmer citizenship.2615 Children born in Cambodia to parents who are both foreigners and were both born and living legally in Cambodia gain Khmer nationality/citizenship through jus soli provisions.2616 Cambodia’s citizenship legislation does not include a definition of a stateless person nor does it specifically mention statelessness. Cambodia ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee ✅ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ratified the 1951 Refugee Convention and its 1967 Protocol, the ICCPR, ICESCR, ICERD, CRC, and CEDAW with no relevant reservations. It has not ratified the two Statelessness Conventions, despite accepting to do so in 2019 during its third UPR cycle.2620 Dual citizenship In its 2020 concluding observations, the CERD Committee expressed concerns regarding the lack of legal safeguards for children in Cambodia who would otherwise be stateless.2621 Article 5 of ICERD, which Cambodia is obligated to, protects the right to nationality.2622 The Committee also raised concerns over the lack of identity documents for Khmer Krom, who are often denied identity documents or forced to record a name and place of birth other than their true name and place of birth on identity documents.2623 This has led to the community facing discrimination and an inability to access land, employment, education, health care and basic services.2624 The Committee recommended that Cambodia ensure that the National Strategic Plan of Identification (2017-2026) amends the lack of access to identity documents and registration for the Khmer Krom in particular.2625 Concerns over barriers to accessing identity documents by Khmer Krom and ethnic Vietnamese women as well as birth certificates for their children were also While dual citizenship is recognized in Cambodia, recent constitutional amendments have made dual citizens ineligible for top posts in the country, including prime minister.2619 TABLE 68 Cambodia’s citizenship legislation contains both jus sanguinis and jus soli citizenship provisions for individuals to gain “Khmer nationality”. Naturalized citizenship Foreigners may apply for Khmer citizenship if they have been continuously residing in Cambodia with a residence card for at least seven years, have never been convicted of a felony or misdemeanor and can speak Khmer, among other requirements.2617 There is an expedited process available to foreigners who were born in Cambodia as well as foreigners investing in or donating to Cambodia.2618 There is no simplified or expedited procedure available to stateless persons or refugees. There is an expedited process available to foreigners who were born in Cambodia as well as foreigners investing in or donating to Cambodia. ICCPR ✅ ICESCR ✅ ICERD ✅ CRC CEDAW ✅ ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness included in recent concluding observations by the CEDAW Committee.2626 Concluding observations by the CRC Committee in 2022 recommended that Cambodia expand its electronic registration system, “prohibit the practice of informal fees for the issuance of birth certificates”, and “ensure that all children, including Khmer Krom, ethnic Vietnamese and migrant children, have access to birth registration and identity documents”.2627 As a party to the CRC and CERD, Cambodia is obligated to ensure that every birth is registered immediately, without discrimination, and that no child is left stateless.2628 Population Reported stateless persons In recent UNHCR Global Trends reports, Cambodia reported 75,000 stateless persons in both 2021 and 2022.2629 This is a 17,000 person increase from the 57,444 reported stateless persons in both 2019 and 2020.2630 The majority of this population are ethnic Vietnamese longterm residents.2631 With a wide range of differing estimates for the stateless population in Cambodia, data in the country is unreliable.2632 Reported stateless persons to the UNHCR Treaty ratification status Country Cambodia has comparably high rates of treaty accession compared to other states in Southeast Asia. Cambodia has 232 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Cambodia 2019 (year start)2633 2020 (year end)2634 2021 (year end)2635 2022 (year end)2636 57,444 57,444 75,000 75,000 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. REPORT 2024 233