Cambodia Revocation of citizenship would be heinous violation of international law, Amnesty International Says
“As the proposal moves closer to becoming reality, anyone who speaks out against or opposes the ruling party will be at risk of having their citizenship revoked. We are deeply concerned that the Cambodian government, given the power to strip people of their citizenship, will misuse it to crackdown on its critics and make them stateless.
“Revoking citizenship can violate many rights, including the rights to a nationality, to enter your own country and to take part in the conduct of public affairs. Without citizenship, people may not be able to access healthcare, get a job, go to school, migrate or get married. Stateless individuals often face social exclusion, discrimination and are at risk of exploitation and abuse. For many Cambodians, their Khmer citizenship is akin to their identity.
“Despite this repressive amendment moving forward, it comes against a backdrop where the Cambodian authorities have completely failed to safeguard the independence and integrity of the country’s courts – a failure further compounded by the Constitutional Council stating an amendment was possible. Judicial independence is key to safeguarding people’s rights including the right to nationality and reversing a culture of impunity. This has enabled the government’s authoritarian practices to continue unchecked, such as its persecution of opposition leaders, activists and independent journalists.
“Revoking citizenship often violates human rights, and when done in a way that renders people stateless is a dangerous step that is prohibited under international law. Revoking a person’s citizenship must not become a political tool to silence and intimidate critical voices, and Cambodian authorities must immediately reverse the amendment, end their authoritarian practices and uphold their international human rights obligations and the rule of law. The international community should publicly condemn the Cambodian government’s heinous proposed amendment to the constitution.”
Background
On 11 July, an extraordinary session of the National Assembly was convened in which a draft amendment to the Constitution that would allow for the revocation of Khmer citizenship was debated and approved.
President of the Senate, Hun Sen, had previously called on Cambodia’s Minister of Justice to consider the proposal to amend the Constitution. On 27 June, he said in a speech that this proposal was to “revoke citizenship from Cambodians who side with foreign nations to harm our country”.
The National Assembly-approved amendment to the constitution adds in new language to the effect of “[r]receiving and losing and revoking Khmer nationality shall be determined by law.”
The Constitutional Council of Cambodia said on 2 July that a proposed amendment to Article 33 of the Cambodian Constitution was possible. Article 33, before amendment, stated that: “Khmer citizens shall not be deprived of their nationality … [and] Khmer citizens residing abroad enjoy the protection of the State. The acquisition of Cambodian nationality is determined by law.”
Cambodia has been ruled for decades by the Cambodian People’s Party, which controls the judiciary and military.