1. Introduction
This study explores the situation of
statelessness in Cambodia. It does so by
identifying and examining the scope and
conditions of specific populations who are
stateless or at risk of statelessness. Such
a ‘mapping’ of statelessness has been
conducted in other countries but has so far
been lacking for Cambodia.
The question of who is stateless is
elementary for understanding the scope
and scale of statelessness in Cambodia.
This mapping study was finalised in the
year marking the 70th anniversary of the
1954 Convention relating to the Status
of Stateless Persons (‘1954 Convention’).
According to Article 1(1) of the 1954
Convention, a stateless person is someone
‘who is not considered as a national by any
State under the operation of its law’.1 This
definition requires consideration of the
law as it is written and how it is applied in
practice. The latter is particularly relevant
for this study on Cambodia. The UNHCR,
the focal agency on statelessness within
the UN system, published a Handbook
on Protection of Stateless Persons that sets
out further guidance on interpreting this
definition.2 The present report uses the
term stateless persons in this sense and
focuses on stateless persons falling within
this definition. The terms ‘nationality’ and
‘citizenship’ are used interchangeably in
this report.
Well-known difficulties exist with
identifying
stateless
persons
and
estimating the number of affected people
and communities that are often socially
marginalised. This is true more generally,
but additional challenges exist in
Cambodia which has so far not officially
recognised the existence of stateless
persons on its territory and therefore
does not identify or systematically collect
data on such populations. International
Recommendations
on
Statelessness
Statistics (IROSS) have been designed to
address this global challenge, but these are
not yet widely implemented.3 Due to these
difficulties, this study also takes account
of persons of unknown or undetermined
nationality, who may be at risk of
statelessness. For years, Cambodia did
not appear in the UNHCR’s international
statelessness statistics. In 2018 for the first
time, Cambodia was listed with 57,444
persons falling under the organisation’s
statelessness mandate, including those
with undetermined nationality. This figure
1 Convention relating to the Status of Stateless Persons (1954), Art. 1. <https://www.ohchr.org/en/
instruments-mechanisms/instruments/convention-relating-status-stateless-persons>
2 UNHCR (2014) ‘Handbook on Protection of Stateless Persons’. <http://www.refworld.org/
docid/53b676aa4.html>
3 Expert Group on Refugee, IDP and Statelessness Statistics (2023) ‘International Recommendations
on Statelessness Statistics’, UN Statistical Commission, Decision 54/121.<https://egrisstats.org/
recommendations/international-recommendations-on-statelessness-statistics-iross/>