SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA While the Cambodian government has since 2019 reported stateless persons to UNHCR (with the reported population increasing from 57,444 in 2019 to 75,000 in 2021 and 2022), the true size of the population of ethnic Vietnamese in Cambodia without citizenship has been estimated by CSOs to be as high as between 400,000-700,000 persons. While the Cambodian government has since 2019 reported stateless persons to UNHCR (with the reported population increasing from 57,444 in 2019 to 75,000 in 2021 and 2022), the true size of the population of ethnic Vietnamese in Cambodia without citizenship has been estimated by CSOs to be as high as between 400,000700,000 persons.2637 The complex history of colonisation, war and tensions between Vietnam and Cambodia has led to ethnic Vietnamese residents in Cambodia facing discrimination, social exclusion and denial of citizenship, despite many being entitled to nationality under the letter of the law.2638 Largely due to the French colonial period which influenced Cambodia’s early formation of the concept of nationality based on “cultural identity, historical heritage and religion”, ethnic Vietnamese communities in Cambodia were left with neither Cambodian nor Vietnamese nationality.2639 Today, much of the population is either stateless (especially for longterm residents who have resided in Cambodia since before 1975 when the Khmer Rouge regime took over and mass deportations and migrations occurred2640) or at risk of statelessness.2641 Ethnic Vietnamese constitute the largest ethnic minority in Cambodia and experience a severe lack of access to birth registration.2642 The ethnic Vietnamese population in Cambodia constitutes a variety of groups, including ethnic Vietnamese married to Cambodians, Cambodians of Vietnamese origin, recent immigrants from Vietnam to Cambodia and descendants of ethnic Vietnamese with intergenerational links to Cambodia.2643 Ethnic Vietnamese with intergenerational links to Cambodia are particularly at risk of denial of 234 SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA identity documentation and Khmer citizenship.2644 While some of this population has gained identity documentation and been ‘integrated’ into society, a large number of ethnic Vietnamese living in Cambodia remain unregistered and reside within floating villages on the Tonle Sap Lake.2645 A study in 2016 found that of 414 Vietnamese surveyed in three provinces, only 5% had a birth certificate.2646 Other studies have estimated that 90% of the ethnic Vietnamese population in KampongChhnang province do not have a birth certificate and/or identity card.2647 Other studies have estimated that 90% of the ethnic Vietnamese population in Kampong-Chhnang province do not have a birth certificate and/or identity card Persons at risk of statelessness Members of the Khmer Krom ethnic group ethnic Khmer originating from Southern Vietnam - in particular also face barriers to obtaining birth registration for children and identity documents for adults, with both the CRC and CEDAW calling on the government of Cambodia to address the barriers that they face.2648 There have been reports of authorities delaying the processing of applications for citizenship coming from members of this community as well as “incidents of restrictions by local authorities on the rights of freedom of expression and association”.2649 Causes of Statelessness Lack of legal safeguards against childhood statelessness A newborn child found in Cambodia with unknown parents will be considered to have been born in Cambodia, and therefore, automatically acquires Khmer citizenship by birth.2650 It is important to note that the conception of ‘Khmer citizenship’ in STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Cambodia is based on a historical and continual connection between ethnicity and citizenship.2651 The jus soli provisions of Cambodian citizenship law may provide protection to children born to stateless parents in limited circumstances where those parents were born and resided legally in Cambodia and were considered ‘foreigners’.2652 While this provision may provide some protection from inter-generational statelessness in Cambodia, its scope is limited and implementation tends to be absent in practice. While many Vietnamese long-term residents should technically be able to resolve their status under this provision, the inability to provide documentary proof barres them from attaining Cambodian citizenship.2653 Children born to parents who themselves were born outside of the country or who were born within the country but are considered to be illegally residing in the country will not be able to gain citizenship. Citizenship Stripping The lack of a birth certificate bars members of the ethnic Vietnamese community with intergenerational ties to Cambodia from accessing a wide range of basic services and rights, including access to citizenship.2654 In 2014, the government implemented a ‘foreigner census’ which was intended to identify and deport people illegally residing in the country, which resulted in over 10,000 ethnic Vietnamese being deported to Vietnam.2655 Another national registration campaign was implemented after this, intended to issue permanent residence cards, but targeted Vietnamese communities.2656 This campaign issued new residence cards which are only valid for two years for a fee equating to $60 USD, which identified the cardholders as ‘immigrant aliens’ with ‘Vietnamese nationality’.2657 This alludes to the fact that the government of Cambodia does not view these ethnic Vietnamese residents as Khmer nationals, but rather ‘immigrants’ of Vietnamese nationality.2658 However, much of this community has never lived or even been to Vietnam.2659 Despite this, the marginalization that members of the community have experienced in Cambodia have forced some to immigrate to Vietnam in hopes of a better life.2660 While this provision may provide some protection from inter-generational statelessness in Cambodia, its scope is limited and implementation tends to be absent in practice. Later on, documentation that this community did hold was “systematically confiscated” by the government, stating that the documents were ‘irregular’, which the government identified were held by around 70,000 Vietnamese ‘foreigners’.2661 An official of the Ministry of Interior stated in relation to this that the government was simply taking away Cambodian documents from Vietnamese citizens.2662 The inability to provide documentary proof of their eligibility for Cambodian citizenship remains the primary reason this population continues to be subjected to statelessness and systematically denied basic rights and services.2663 Further, widespread evictions of floating houses over rivers and lakes have disproportionately affected Vietnamese residents in Cambodia, with many being forcibly relocated to housing sites with grave sanitation issues.2664 Later on, documentation that this community did hold was “systematically confiscated” by the government, stating that the documents were ‘irregular’, which the government identified were held by around 70,000 Vietnamese ‘foreigners’. Administrative barriers Birth registration rates within Cambodia are reported at 92% in 2022.2665 While longterm Vietnamese residents who have resided in Cambodia prior to 1975 may be entitled to nationality under the letter of the law, REPORT 2024 235