In addition, Article 9(2) provides that ‘any child who is born from a foreign mother and father (parents) who were born and living legally in the Kingdom of Cambodia’ shall obtain Cambodian nationality. This provision allows automatic conferral of citizenship to a child born in Cambodia from foreign parents – if it can be demonstrated that both of the child’s parents were born in Cambodia and had legal residence there. This provision is highly relevant for long-term non-citizen residents of Cambodia. Yet, the provision is not widely known, and by and large not applied to long-term resident populations, including those who have no nationality of any country. Furthermore, the law does not stipulate what is meant by ‘living legally’ in Cambodia and what status or documents would be required to prove legal residence. As it stands, most populations entitled to this provision currently have no effective access to it. This is one key cause of statelessness among long-term resident populations, many of whom arguably should be regarded as Cambodian citizens but cannot access a pathway for formalising their Cambodian citizenship. Additional problems in relation to the necessary documentary proof will be discussed later in relation to specific affected populations. Article 9(2) also provides automatic conferral of Cambodian nationality by birth to ‘any child who is born from an unknown mother or father (a parent) and a newly born child, who is found in the Kingdom of Cambodia’. This is a positive and important safeguard against statelessness for foundlings.22 Articles 11-17 of the law regulate the acquisition of Cambodian nationality by marriage. Accordingly, a foreign spouse who got married with a Cambodian national may request Cambodian nationality on the condition that they have been living together for a period of three years, after registration of a marriage certificate, and have been residing at least 12 months in Cambodia.23 The provision may prove problematic where marriages in minority communities may be ‘customary or traditional in nature’ meaning they are performed without accompanying legal documentation.24 Moreover, national ID cards are also frequently required to obtain an official marriage certificate.25 This practice highlights the importance of effective access to civil registration, an issue that will be further discussed later. Article 17 stipulates that Cambodian citizens cannot lose their nationality because of their marriage to a foreigner. This is an important safeguard against statelessness 22 See Razali, Rodziana Mohamed (2023) Safeguarding Against Statelessness at Birth: International Law and Domestic Legal Frameworks of ASEAN Members, Springer. 23 See also Sub-Decree No 286 on Forms and Procedures for Acquisition of Citizenship through Marriage, dated 31 May 2013. 24 See Van Der Keur, Dorine (2014) ‘Legal and gender issues of marriage and divorce in Cambodia’, Cambodia Law and Policy Journal 2: 1-22. 25 Seewald, Kate, Suyheang KRY and Malen En (2024) Voice and Visibility: A Participatory Exploration of Minority Women’s Human Rights in Cambodia, Phnom Penh: Women Peace Makers. (hereinafter ‘WPM Voice & Visibility’) 9

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