of relevance to the increasing practice of
cross-border marriages, especially to East
Asia, often involving a Cambodian wife.
The 2018 Law on Nationality provides
an avenue for naturalisation to obtain
Cambodian citizenship (Articles 18-20).
It is important to note that naturalization
is not a right or entitlement, but rather a
discretionary administrative decision once
certain requirements are met. Article 19 of
the law stipulates the conditions required
for a foreigner to apply for naturalisation.
These conditions are often vaguely
formulated based on behaviour, criminal
history, Khmer language proficiency,
and ‘mentality and physical attitude’.26
Importantly, the law requires seven years
of continuous residence in Cambodia from
the date of reception of a resident card,
issued under the Law on Immigration
for immigrant aliens.27 Article 20 reduces
this requirement to three years for any
immigrant alien born in Cambodia.
The residence card requirement has
been problematic in practice, as there
were considerable delays before the
first residency cards were issued to
‘immigrant aliens’ (see more under 4.1.).
Furthermore, a new permanent resident
card was introduced, particularly for longterm resident populations of Vietnamese
descent, and made compulsory more than
20 years after the Immigration Law came
into force, as will be further explained.
An individual can also obtain nationality
through certain investment pathways, but
this provision is less relevant for stateless
populations and their specific socioeconomic conditions.
3.3. Civil status and civil
registration
At the time of writing, Cambodia is
undertaking a significant reform of its
civil status laws and civil registration
systems. For more than two decades,
civil registration had been regulated by
Sub-Decree No. 103 on Civil Status, which
determined the procedures and formalities
of civil status in Cambodia, including
birth, marriage and death registration.28
There were at least two flaws with this
regime that had an impact on stateless
people or those at risk of statelessness.
First, other than nationals, the provision
was nominally open only to foreigners
‘living lawfully’ in the country.29 As such,
the framework did not aim for universal
civil registration coverage of everyone
living on Cambodia’s territory. As will be
shown later, populations of Vietnamese
origin are widely reported to have suffered
from systematic exclusion from birth and
other civil registration.
26 See also Sub-Decree No. 287 on Forms and Procedures for Acquisition of Citizenship through
Naturalisation, dated 31 May 2013.
27 Law on Immigration (1994), Art. 12 & 14.
28 Sub-Decree No. 103 on Civil Status, 29 December 2000.
29 Sub-Decree No. 103 on Civil Status, Arts. 2 & 27.
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