15. Many of the challenges and gaps highlighted in this submission reflect Cambodia’s failure to respect, promote, protect and fulfil fundamental human rights, as enshrined in the various treaties to which it is a party to, as well as the persistent failure to implement the recommendations made to Cambodia under the previous UPR and by various UN Treaty Bodies. The Ethnic-Vietnamese in Cambodia 12. The category of “ethnic Vietnamese in Cambodia” compromises of many different profiles, including, amongst others: 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.12 13. The following primarily considers the situation of descendants of ethnic Vietnamese with intergenerational links to Cambodia - the largest minority in Cambodia and who have faced some of the most significant challenges in accessing human rights. There are no official government statistics or data publicly available as to the size of or profiles within this population. While many members of this community possess Cambodian identity documentation and therefore a claim to Cambodian citizenship, many do not enjoy recognition as citizens Cambodia and have faced decades-long challenges in substantiating their legal status in Cambodia.13 14. Stateless individuals in Cambodia often face significant barriers in accessing fundamental human rights, such as access to formal employment, education, health care, adequate housing and freedom of movement.14 Historical background 15. Last century numbers of this population were deported en mass to Viet Nam (first under Lon Nol and then later during the Khmer Rouge). Many who have have since returned to Cambodia face challenges in establishing their long-term residence in Cambodia and eligibility for Cambodian nationality. 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 viewed with suspicion.15 Additionally, during Khmer Rouge rule civil registration records were systematically destroyed.16 12 The section of this submission titled “Ethnic Vietnamese in Cambodia” is drawn heavily from a submission by MIRO and the Peter McMullin Centre on Statelessness to the Special Rapporteur on Minority Issues, dated May 2018 and titled “Statelessness and legal identity issues among ethnic Vietnamese minority populations in Cambodia.” 13 See Berman, J. (1996), ‘No Place Like Home: Anti-Vietnamese Discrimination and Nationality in Cambodia’, California Law Review 84: 817-874; and Ehrentraut, S. (2011), ‘Perpetually Temporary: Citizenship and Ethnic Vietnamese in Cambodia’, Ethnic and Racial Studies 34(5): 779-798. 14 See Ang C. et al. (2014), ‘Limbo on Earth: An Investigative Report on the Current Living Conditions and Legal Status of Ethnic Vietnamese in Cambodia’, Phnom Penh: Minority Rights Organisation, March 2014; and Minority Rights Organization (MIRO) (2016), ‘Research Finding Statelessness Minority Groups in Cambodia Takeo, Kampong Chhnang, and Pursat’, Phnom Penh: MIRO. All reports available at http://mirocambodia.org/?page_id=96 15 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 16 https//:www.unicef.org/protection/birth_registration_and_armed_conflict(1.)pdf 5