Second, and as noted earlier, the country had to rebuild a civil register during the 1990s after more than two decades of war and violence. Many Cambodians had no official proof of civil status, including their birth. Provisions for certifying birth on the territory for the adult population were therefore crucial. This was usually done by way of two witnesses who would attest to an individual’s birth in Cambodia. However, the wording of the corresponding provisions was such that they appeared to be open only to Cambodian nationals, excluding immigrant aliens from the procedure.30 This situation led to the circular and somewhat impossible requirement that documentary proof of birth is required to establish one’s or one’s child’s Cambodian nationality under the nationality law, but also that one has to be Cambodian national to be able to retroactively apply for birth certificates or certifying letters.31 Similar problems existed in accessing marriage certificates. In 2023, Cambodia passed an ambitious new Law on Civil Registration, Vital Statistics and Identification (CRVSID Law), which was to enter into force one year later.32 The new law aims to promote universal registration, regardless of nationality, ethnicity and immigration status – thereby ending the previous limitation with regards to foreigners ‘living lawfully’ in Cambodia. The provisions are drafted in a way to also facilitate registration for those who may not have all required documentary proof, including by making use of villageor commune-level attestation of identity and other facts. The law also introduces a simplified process for late or delayed registration, and an appeals process. At the time of writing, an accompanying Prakas on Civil Registration as the main implementing regulation for the civil registration aspects of the law was being drafted. If implemented as written, the law and the accompanying Prakas would be a significant advancement on the current situation. What is more, the CRVSID law also lays the foundation for an integrated universal civil registration and population identification system, first laid out in the National Strategic Plan for Identification (2017-2026). In doing so, Cambodia aims to transition to a centralised, digital system that enables the unique identification for 30 See for instance Sub-Decree No. 103 on Civil Status, Art. 43; Sub-decree 60 on Amendment to Article 8 and 59 of the Sub-Decree on Civil Registration (2002), signed and sealed 24 June 2002, Article 59 (new); and Sub-decree No. 17 on Amendment to Sub-Decree on Civil Registration (2004), signed and sealed 14 July 2004. 31 See Nguyen, Lyma and Christoph Sperfeldt (2012) Boat Without Anchors: A Report on the Legal Status of Ethnic Vietnamese Minority Populations in Cambodia under Domestic and International Laws Governing Nationality and Statelessness, Phnom Penh: Jesuit Refugee Service, 37-38. <https://jrscambodia.org/ aboat_without_anchors.html> 32 Law on Civil Registration, Vital Statistics and Identification (2023). <https://data. opendevelopmentmekong.net/laws_record/law-on-civil-status-civil-status-statistics-and-identification> (19 July 2024) 33 At the time of writing, the Cambodian government was revising this plan. National Strategic Plan of Identification, Phnom Penh, 2016. <https://getinthepicture.org/sites/default/files/resources/NSPI%20 ENGLISH%20VERSION%2010-01-2017.pdf> (19 July 2024) 11

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