2021
Statelessness & Citizenship Review
3(2)
rebuked by the Government of Cambodia. 4 Considering a history of past
persecutions, especially under the Khmer Rouge regime during the 1970s, affected
Vietnamese populations refrain from public engagement because of fear and
safety concerns. In 2018, the remaining senior leaders of the Khmer Rouge still
alive were convicted of committing genocide against the ethnic Vietnamese in
Case 002/02 before the Extraordinary Chambers in the Courts of Cambodia.
Vietnamese civil parties in that case had also requested that their lack of
Cambodian nationality be considered under the court’s collective reparations
mandate. 5
In 2012, the report A Boat Without Anchors broke new ground in exploring the
legal status of long-term resident populations of Vietnamese origin living on
floating villages on the Tonle Sap in Kampong Chhnang province. 6 The report
found respondents were living legally in Cambodia and possessed various forms
of documentation identifying them as ‘foreign residents’ — but none held proof
of nationality of any state. 7 Without nationality or another more robust legal
identity, these Vietnamese do not have access to basic economic, political and
social rights and face an array of disadvantages, including limited freedom of
movement, being unable to own land and difficulty accessing employment,
education, health care and legal protection. 8
Renewed attention from the media 9 and scholars 10 has contributed to raising
the issue among national and international audiences. The issue has also reemerged on the radar of international human rights mechanisms. The Human
Rights Committee has recommended that Cambodia ‘facilitate access to
identification documentation’ and ‘guarantee the right of stateless children who
were born in the territory of Cambodia to stateless parents to acquire a
nationality’. 11 In 2019, the Committee on the Elimination of Racial
Discrimination also called on the Government to take measures against hate
4
5
6
7
8
9
10
11
Khuon Narim, ‘Kingdom Rejects Vietnam’s Request to Provide Citizenship to its Nationals’,
Khmer Times (online, 21 August 2019) <www.khmertimeskh.com/635604/kingdom-rejectsvietnams-request-to-provide-citizenship-to-its-nationals/>.
See Case 002 (Summary of Judgment) (Extraordinary Chambers in the Courts of Cambodia,
Trial Chamber, Case No. 002/19-09-2007/ECCC/T, 16 November 2018). See also Lyma
Nguyen and Christoph Sperfeldt (2014) ‘Victim Participation and Minorities in
Internationalised Criminal Trials: Ethnic Vietnamese Civil Parties at the Extraordinary
Chambers in the Courts of Cambodia’14 Macquarie Law Journal 97.
Lyma Nguyen and Christoph Sperfeldt, A 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 (Report, 2012).
ibid 95–96.
ibid 72–76.
See, eg, Ben Mauk, ‘A People in Limbo, Many Living Entirely on the Water’, New York
Times Magazine (online, 28 March 2018) <https://nyti.ms/2usiXnn>.
See, eg, Laurie Parsons and Sabina Lawreniuk, ‘Seeing Like the Stateless: Documentation
and the Mobilities of Liminal Citizenship in Cambodia’ (2018) 62 Political Geography 1;
Lucrezia Canzutti, ‘(Co-)Producing Liminality: Cambodia and Vietnam’s ‘Shared Custody’
of the Vietnamese Diaspora in Cambodia’ (2019) 71 Political Geography 26; Charlie
Rumsby, ‘The God School: Informal Christian Education and Emerging Aspirations among
De Facto Stateless Children Living in Cambodia’ (2021) 33 European Journal of
Development Research 89.
Human Rights Committee, Concluding Observations on the Second Periodic Report of
Cambodia, UN Doc CCPR/C/KHM/CO/2 (27 April 2015, adopted 31 March 2015) [27].
348