citizenship law regime which allows generation after generation of children to be born without
nationality, must be scrutinised, amended and implemented in a just manner, so as to end the
intergenerational statelessness of this community.
Birth Registration
17. Cambodia has obligations under CRC Article 7, to register all births immediately. Further, Target 16.9 of
the Sustainable Development Goals, aims to ‘by 2030 provide legal identity for all including birth
registration’.
18. However, Vietnamese minority populations have limited access to birth registration.35 In 2016, MIRO
found that only 5 per cent of 414 ethnic Vietnamese surveyed in Takeo, Kampong Chhnang and Pursat
provinces had birth certificates.36 Cambodian law allows children of non-citizens living “legally” in the
country to be issued a birth certificate. However, local officials seem to conflate issuing birth certificates
with conferring citizenship, and refuse non-citizens of birth registration. The absence of birth registration
for children in these communities creates barriers for obtaining other documentation relevant to
exercising future rights and entitlements such as admission to school and access to Cambodian
citizenship.37
19. The Cambodian Government established a new Department of Identification in 2014 and announced a
new National Plan of Identification (2017-2026). The latter aims to improve civil registration and vital
statistic records, in order to have a single source of data on the population.38 However, without capacity
building of officials and safeguards to ensure such initiatives are inclusive and non-discriminatory for
minority populations, such investments by the Cambodian Government will not meet its objectives.
20. It must be noted that a new identification law appears to be in preparation,39 which could help clarify
issues around birth registration and ensure that vulnerable communities are registered without
discrimination. However, the co-submitting organisations remain concerned that unless drafted with full
consideration for Cambodia’s obligations under the CRC as well as it’s SDG targets, that this too, could
be a missed opportunity.
35
Sperfeldt, Report on Citizenship Law: Cambodia, country Report 2017/02, GLOBALCIT,
http://cadmus.eui.eu/bitstream/handle/1814/45084/GLOBALCIT_2017_02_Cambodia.pdf?sequence=3&isAllowed=y
36 Minority Rights Organization (MIRO) (2016), ‘Research Finding Statelessness Minority Groups in Cambodia Takeo, Kampong Chhnang,
and Pursat’, Phnom Penh: MIRO
37 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.
38 http//:giz-cambodia.com/legal-identity-and-inclusive-development-in-cambodia/;
https//:www.google.co.th/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwjviNLdnc7TAhVFtY8KHZZpAj
MQFggxMAI&url=http%3A%2F%2Fcadmus.eui.eu%2Fbitstream%2Fhandle%2F1814%2F45084%2FGLOBALCIT_2017_02_Cambodia.pdf%
3Fsequence%3D3&usg=AFQjCNH6Qzog5YHjGJcxt6eDAt1_qfK66A&sig2=fdA06Y8pmCgR26Xsc4mBVg
39
See https://www.phnompenhpost.com/national/ministry-drafting-law-identification.
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