Cambodian parents.71 Many Khmer Krom
are also denied registration for births and
marriages without the identification cards,
resulting in the creation of a generation of
people who lack documentation. Indeed,
Khmer Krom who have documents
that state their place of birth as being in
Vietnam belong to those most struggling
to access proof of Cambodian citizenship,
as they frequently do not fulfil the formal
requirements.72 Civil society organisations
have also documented numerous instances
where Khmer Krom were forced to change
their place of birth (from Vietnam to
Cambodia) or even their name prior to the
issuance of legal documentation.73 There is
no legal basis for this practice, which was
also picked up by the CERD.74 It is also
frequently not sufficient if Khmer Krom
can produce Vietnamese identification
documents that show their ethnicity as
being Khmer.
The lack of proof of Cambodian
citizenship inhibits affected Khmer Krom
from accessing many political, economic
and social rights enjoyed by ordinary
Cambodian citizens, also considering how
crucial a national ID card has become for
accessing these rights in practice.75 This
will be further discussed in the impact
section below.
That said, many or most of the Khmer
Krom who have no proof of Cambodian
nationality may not in fact be stateless,
given the Cambodian government’s inprinciple recognition of their Cambodian
nationality, and the fact that numerous
among them may also hold either valid or
expired proof of Vietnamese nationality.
Greater flexibility in the administrative
requirements for accessing proof of
nationality or other legal identities is
necessary to account for the particularities
of this group. However, relatively little
is known about individuals who are
repeatedly, and over extended periods
of time denied proof of Cambodian
nationality and also hold no Vietnamese
nationality or proof thereof. These
individuals may find themselves at greater
risk of statelessness, more so if their noncitizen status is also inherited by their
children. The current lack of data and
research makes it difficult to determine
how many Khmer Krom individuals are
affected by long-term denial of proof of
Cambodian citizenship.
4.3. Refugees & forced
migrants
Cambodia is one of the few signatories of
the 1951 Refugee Convention in the region.
Yet, it only harbours a comparatively
72 CCHR, ACT & KKKHRA 2017, 16-17.
73 CCHR, ACT & KKKHRA 2017, 5 & 10; and MIRO 2013, 6-7.
74 Committee on the Elimination of Racial Discrimination, Concluding observations on the combined
fourteenth to seventeenth reports of Cambodia, UN doc CERD/C/KHM/CO/14-17 (30 January 2020), para.
26.
75 CCHR, ACT & KKKHRA 2017; RWI Scoping Study 2023; and MIRO 2013.
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