Second, and as noted earlier, the country
had to rebuild a civil register during the
1990s after more than two decades of war
and violence. Many Cambodians had
no official proof of civil status, including
their birth. Provisions for certifying birth
on the territory for the adult population
were therefore crucial. This was usually
done by way of two witnesses who
would attest to an individual’s birth
in Cambodia. However, the wording
of the corresponding provisions was
such that they appeared to be open only
to Cambodian nationals, excluding
immigrant aliens from the procedure.30
This situation led to the circular and
somewhat impossible requirement that
documentary proof of birth is required to
establish one’s or one’s child’s Cambodian
nationality under the nationality law, but
also that one has to be Cambodian national
to be able to retroactively apply for birth
certificates or certifying letters.31 Similar
problems existed in accessing marriage
certificates.
In 2023, Cambodia passed an ambitious
new Law on Civil Registration, Vital Statistics
and Identification (CRVSID Law), which was
to enter into force one year later.32 The new
law aims to promote universal registration,
regardless of nationality, ethnicity and
immigration status – thereby ending
the previous limitation with regards to
foreigners ‘living lawfully’ in Cambodia.
The provisions are drafted in a way to
also facilitate registration for those who
may not have all required documentary
proof, including by making use of villageor commune-level attestation of identity
and other facts. The law also introduces
a simplified process for late or delayed
registration, and an appeals process. At
the time of writing, an accompanying
Prakas on Civil Registration as the main
implementing regulation for the civil
registration aspects of the law was being
drafted. If implemented as written, the law
and the accompanying Prakas would be
a significant advancement on the current
situation.
What is more, the CRVSID law also
lays the foundation for an integrated
universal civil registration and population
identification system, first laid out in the
National Strategic Plan for Identification
(2017-2026). In doing so, Cambodia aims
to transition to a centralised, digital system
that enables the unique identification for
30 See for instance Sub-Decree No. 103 on Civil Status, Art. 43; Sub-decree 60 on Amendment to Article 8
and 59 of the Sub-Decree on Civil Registration (2002), signed and sealed 24 June 2002, Article 59 (new);
and Sub-decree No. 17 on Amendment to Sub-Decree on Civil Registration (2004), signed and sealed 14
July 2004.
31 See Nguyen, Lyma and Christoph 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, 37-38. <https://jrscambodia.org/
aboat_without_anchors.html>
32 Law on Civil Registration, Vital Statistics and Identification (2023). <https://data.
opendevelopmentmekong.net/laws_record/law-on-civil-status-civil-status-statistics-and-identification>
(19 July 2024)
33 At the time of writing, the Cambodian government was revising this plan. National Strategic Plan of
Identification, Phnom Penh, 2016. <https://getinthepicture.org/sites/default/files/resources/NSPI%20
ENGLISH%20VERSION%2010-01-2017.pdf> (19 July 2024)
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