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’)
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