2021
Statelessness & Citizenship Review
3(2)
Cambodian authorities implemented a ‘foreigner’ census, one aim of which was
to identify and deport ‘illegal immigrants’. 20 Subsequent deportations
disproportionately targeted Vietnamese, with more than 10,000 (mostly recent
immigrants) deported to Vietnam. 21 Shortly thereafter, Cambodian authorities
implemented a nation-wide registration process under the auspices of the Ministry
of Interior — again focusing mainly on Vietnamese populations — that involved
the issuance of new permanent resident cards. The new cards were issued for a fee
of 250,000 riel per person (more than USD60), requiring renewal after two years
for the same price. 22 These documents identify their holders as ‘immigrant aliens’
having ‘Vietnamese nationality’ 23 — confirming the Cambodian Government’s
position that these people are not stateless, but are in fact Vietnamese nationals,
without any verification of such a status. Almost 90,000 Vietnamese were eligible
to apply for the new permanent resident cards. 24 Many people reported that
officials told them they could apply for naturalisation after seven years residing
legally in Cambodia with these new documents. 25 The rights and entitlements
under the new resident cards remain unclear.
For a period beginning in 2017, this registration process was accompanied by
systematic confiscation of all prior documentation that authorities deemed to be
‘irregular’. 26 The Ministry of Interior identified around 70,000 mostly Vietnamese
‘foreigners’ who held these irregular documents. 27 In the provinces monitored by
MIRO and visited by the author, authorities have confiscated legal documents
previously held by Vietnamese residents, including old immigration or resident
cards, family books and even Cambodian ID cards — effectively revoking
citizenship from potentially thousands of individuals. 28 In fact, the Ministry
deemed irregular most documentation previously issued by mainly local
20
21
22
23
24
25
26
27
28
Sperfeldt (n 1) 113.
Khy Sovuthy, ‘Deportations of Vietnamese Dropped Last Year’, Cambodia Daily (online, 23
January 2017) <https://english.cambodiadaily.com/news/deportations-vietnamese-droppedlast-year-123878/>; Chhun Sunly, ‘Deportees total more than 18,000 since 2014’, Khmer
Times (online, 18 June 2021) <https://www.khmertimeskh.com/50876526/deportees-totalmore-than-18000-since-2014/>.
Sperfeldt (n 1) 114 n 73.
ibid; Mech Dara and Daphne Chen, ‘Government Pledges Documentation for Ethnic
Vietnamese’,
The
Phnom
Penh
Post
(online,
28
February
2018)
<https://www.phnompenhpost.com/national/government-pledges-documentation-ethnicvietnamese>.
Management of Foreign Immigrants in Cambodia (Notification No 1990, Ministry of Interior,
2020).
Author’s and MIRO’s observations from field visits conducted between 2015–19. This is
seemingly in line with the naturalisation requirements set out in art 19 of Cambodia’s 2018
Law on Nationality, but disregards the previous legal residence status of many Vietnamese:
Law on Nationality No NS/RKT/0618/008 2018, art 19 (Kingdom of Cambodia) (‘Law on
Nationality’). See also Dara and Chen (n 23).
Cancellation and Withdrawal Of Irregular Cambodian Administrative Documents Possessed
and Used By Foreigner (Sub-Decree No 129, 15 August 2017).
Ben Sokhean, ‘Interior Ministry Sees a Danger to Kingdom: Illegal Immigrants “are a
Security
Risk”’,
Khmer
Times
(online,
14
July
2020)
<https://www.khmertimeskh.com/744331/interior-ministry-sees-a-danger-to-kingdomillegal-migrants-are-a-security-risk/>.
Sperfeldt (n 1) 114–5; See also Voun Dara, ‘Ethnic Vietnamese Protest Against Residency
Blunder’,
Phnom
Penh
Post
(online,
17
January
2019)
<https://www.phnompenhpost.com/national/ethnic-vietnamese-protest-against-residencyblunder>.
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