Legal Identity and Minority Statelessness
speech and improve the legal status of people of Vietnamese origin. 12 Moreover,
the UN Special Rapporteur on Cambodia has monitored and publicly reported on
the situation of affected communities. 13
BIRTH REGISTRATION AND EDUCATION
A Boat Without Anchors and MIRO found that many Vietnamese communities do
not have effective access to birth registration. In 2016, MIRO found that only 5%
of 414 Vietnamese surveyed in Takeo, Kampong Chhnang and Pursat provinces
had birth certificates. 14 Cambodian law allows children of non-citizens living
legally in the country to be issued a birth certificate, but local officials seem to
conflate issuing birth certificates with conferring citizenship. 15 The absence of
birth registration for children creates barriers for obtaining other documents
relevant to exercising future rights and entitlements. Many children are unable to
attend public schools due to a lack of birth certificates, which schools require for
enrolment. 16 The Committee on the Elimination of Discrimination against Women
called upon Cambodia to ‘intensify efforts to facilitate the birth registration of
children born to Vietnamese mothers and their acquisition of citizenship’. 17 In
2019, the Ministry of Interior eventually issued a directive instructing local
administrations to provide birth certificates to ‘foreigners’ who have permanent
resident cards — basically reminding local authorities that they should implement
the law. 18
Cambodian authorities need to provide these communities with effective
access to birth registration to achieve universal birth registration in line with
Sustainable Development Goal 16.9, which aims to ‘provide legal identity for all
including birth registration’, by 2030. 19 Universal access to public primary
schooling is a key requirement for social inclusion, improving Khmer language
skills among children, and accessing better employment opportunities.
‘FOREIGNER’ CENSUS AND DEPORTATIONS
After the 2013 national elections, Cambodian authorities adopted new policies
regarding the legal status of ethnic Vietnamese populations. First, in late 2014,
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17
18
19
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Fourteenth to Seventeenth Reports of Cambodia, UN Doc CERD/C/KHM/CO/1417 (12 December 2019, adopted 9 December 2019) [23]–[24].
Human Rights Council, Assessing Protection of Those at Risk of Being Left Behind: Report
of the Special Rapporteur on the Situation of Human Rights in Cambodia, UN Doc
A/HRC/42/60/Add.1 (2 September 2019) [47]–[51].
Research Finding Statelessness Minority Groups in Cambodia Takeo, Kampong Chhnang,
and Pursat Provinces (Research Report, Minority Rights Organization, 2016) 19.
Melanie Hyde, Report on Access to Birth Registration for Marginalised or Vulnerable
Populations: A Case Study on Ethnic Vietnamese Minority Communities in Cambodia
(Report, 2016) 10–11.
Ang, Weill and Chan (n 3) 11.
Committee on the Elimination of Discrimination against Women, Concluding Observations
on the Fourth and Fifth Periodic Reports of Cambodia, UN Doc CEDAW/C/KHM/CO/4-5
(29 October 2013, adopted 18 October 2013) [30]–[31].
Directive on Issuance of Administrative Letters and Birth Certificates for Cambodian
Spouses, Children and Foreign Immigrants (Circular No 015, Ministry of Interior, 2019).
Transforming our World: the 2030 Agenda for Sustainable Development, UN Doc
A/RES/70/1 (21 October 2015, adopted 25 September 2015) 25, [16.9].
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