Legal Identity and Minority Statelessness
these migrants is sparse, but those without family connections or other ties to
Vietnam may struggle to gain a secure legal status. 42
PATHWAYS TO CITIZENSHIP
The ‘foreigner’ census, new resident cards and instructions to local authorities
demonstrate that the Cambodian Government deemed necessary more centralised,
regulatory action regarding Vietnamese populations on its territory. However,
these actions focus on managing the problem, not improving the lives of affected
communities. What is lacking is a clear pathway to Cambodian nationality, to
which many are arguably entitled under Cambodian law. The 2018 amendment of
Cambodia’s nationality law was a missed opportunity, as it did not address the
legal identity challenges faced by these populations. Access to nationality alone
will not overcome entrenched discrimination and social exclusion, but it is one
step towards improving access to rights and opportunities.
Several pathways to citizenship exist and may be realised if underpinned by
assistance efforts and met with political willingness on the government side. First,
many ethnic Vietnamese individuals may already qualify for Cambodian
nationality and should gain access to proof of their nationality. Prominent
examples are children of mixed marriages with at least one Cambodian national
parent, who often struggle to get their citizenship confirmed, as they have
Vietnamese names or live in predominantly Vietnamese communities. Moreover,
children born to parents who were born in Cambodia and hold the new resident
cards are Cambodian nationals by birth, in accordance with art 9(2) of the
nationality law, and should be recognised as such. Second, the first cohort of those
who received the new resident cards will soon reach the seven-year mark,
whereupon they will become eligible to apply for naturalisation. This will be the
true litmus test of the Government’s approach, as it will show whether the
authorities are willing to open pathways to citizenship for those who are legally
eligible for it; or whether they will permanently lock out populations from
citizenship, leaving their status precarious for the foreseeable future.
42
Duy Tran, ‘No Money, No Papers: Stateless Vietnamese Return Home from Cambodia’,
VNExpress (online, 9 August 2016) <https://e.vnexpress.net/news/life/no-money-no-papersstateless-vietnamese-return-home-from-cambodia-3449463.html>.
353