I. II. III. IV. An overview of the human rights issues and protection challenges regarding birth registration and documentation faced by ethnic Vietnamese in Cambodia; An overview of the discrimination and other human rights violations experienced by the ethnic Khmer Krom; An analysis of the nationality law and birth registration policies in Cambodia; and Joint recommendations by co-submitting organisations. 3. This submission draws on extensive national and international experience of the co-submitting organisations in research, direct assistance, advocacy and awareness raising on the issues raised. The Universal Periodic Review of Cambodia under the Second Cycle 4. Cambodia was previously under review in February 2014 during the Eighteenth Session of the Second Cycle.6 In its State report before the 2014 review, Cambodia did not comment on the issue of stateless communities in its territory, neither did it address the human rights challenges faced by the ethnic Vietnamese community in Cambodia.7 5. During the 2014 Review, Argentina recommended that Cambodia “continue with measures to guarantee the birth registration of children, with no discrimination against migrant children, and continue strengthening the legal framework for the procedures of acquisition of nationality”. Cambodia supported this recommendation but has, to date, not strengthened children’s right to a nationality, as set out in international law. 6. Portugal recommended that Cambodia “ensure the realization of the right to education to all children in Cambodia, including to the children of Vietnamese origin”. However, as elaborated in this Submission, issues of statelessness and challenges related to legal identity faced by the ethnic Vietnamese community in Cambodia continue to impede their enjoyment of fundamental human rights, including the right to education. 7. Switzerland recommended that Cambodia create conditions favorable to inter-ethnic tolerance in Cambodia, for the democratic future of the country. While Cambodia supported this recommendation, as detailed below, many ethnic Vietnamese in Cambodia continue to face barriers in their enjoyment of fundamental human rights, including the rights to a nationality, despite intergenerational residence in Cambodia. Cambodia’s International Obligations 8. Cambodia as a Member of the United Nations is obligated by the Charter of the United Nations to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. Further, Article 15 of the Universal Declaration of Human Rights states that “everyone has the right to a nationality” and “no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality”. 6 7 A/HRC/WG.6/18/L.4 A/HRC/WG.6/18/KHM/1 3