Vietnamese local governments smooth the way for stateless Cambodians

News Stories, 8 November 2006

© UNHCR/K.McKinsey
Former Cambodian refugees, like this 78 year old woman and her grandson, are being forced from their homes by the relentless pace of expansion in southern Vietnam's Ho Chi Minh City. But local officials are helping them find new accomodation.

THU DUC, Viet Nam, November 8 (UNHCR) Not so long ago this marshy area was considered remote from Ho Chi Minh City, accessible only by boat. Today, as Viet Nam charges ahead as the latest Asian tiger, Thu Duc has been incorporated as District Nine of the economically vibrant, rapidly expanding metropolis.

And as small boats are replaced by wide bridges, and rice paddies give way to new roads and buildings, the city fathers gripped by construction fever have their eyes on land occupied by homes that the UN refugee agency built more than two decades ago for Cambodian refugees from the brutal 1975-79 Khmer Rouge rule.

"We have to urbanise this area; this is the policy of Ho Chi Minh City," explained Le Trung Sang, chairman of the District Nine People's Committee. "So we have to relocate these people."

For the Cambodians, most of whom are now elderly, the prospect of leaving their homes is grim enough. But their fears are compounded by the fact that they are stateless and have no legal claims to whatever compensation their Vietnamese neighbours might get in the eviction.

In an act of compassion, the district authorities decided to treat the stateless Cambodians the same as the local people, and are now preparing homes for those who will be displaced to make room for a school. It's just one example of how local authorities are endeavouring to make life simpler for the 9,500 former Cambodian refugees now living in and around Ho Chi Minh City.

"It's very important for these people to get Vietnamese citizenship, so we can better solve their social problems," said Tran Phuoc Hung, chairman of the Long Phuoc commune in District Nine, while also noting: "We have no concrete policy from the central government or city."

UNHCR is encouraging the Vietnamese government to solve the problem by offering citizenship to the exiles. "I find the plight of these people very emotional," says Hasim Utkan, UNHCR's regional representative. "I come from a culture that respects old people, and it's very sad that at the end of their lives all these people want is to be able to pass on to their children the most basic of rights the right to citizenship and identity."

These stateless people, many of whom were Cambodians of Chinese ancestry, were left high and dry after Vietnamese forces toppled the Khmer Rouge in 1979. Having lost their identity documents and then having settled in Viet Nam, they were disowned by their own government.

Community leader Quach Trung Thanh knows only too well the Kafkaesque loop in which the former refugees find themselves. "According to the laws of Viet Nam, we have to renounce our previous nationality to get a new one," he explained. "But when we go to see the Cambodian consulate in Ho Chi Minh City, they say we are not Cambodian citizens."

There are other problems. "In the past, the authorities issued temporary birth certificates for children born in the camp," said Thanh, now 70. "But now the children are grown up and they need to have a formal birth certificate. But to get a formal birth certificate, you have to produce a marriage certificate, and we are not allowed to have a marriage certificate because we are stateless."

Without legal title to their land, they cannot use it as collateral for a bank loan. Locked out of legal jobs because they lack the all-important state ID card, they are consigned to low-paying jobs, with no recourse if they are unfairly treated.

"We have no rights at all," said Thanh, who praised the efforts of local authorities to treat them equally with citizens but added that, "Outside this commune we need formal legal status, which we do not have."

Tran Tai, 72, knows how tough it can get. His 29-year-old son, born in Viet Nam, has been unable to register his marriage three years ago to a Vietnamese woman because the Cambodian consulate refuses to certify that he is of Cambodian origin and single. "Our people can still get married, but without a legal certificate," said Thanh.

Thanh finds it hard to understand why Viet Nam at the central government level will not legally accept this group of fewer than 10,000 people with deep ties to the country. "Everyone understands me and everyone knows me. But actually I am nobody here. We are some kind of second-class people," he said.

By Kitty McKinsey in Ho Chi Minh City, Viet Nam




UNHCR country pages

Stateless People

Millions of stateless people are left in a legal limbo, with limited basic rights.

Ending Statelessness

Governments resolve and prevent statelessness by taking practical steps as set out in the Global Action Plan.

UN Conventions on Statelessness

The two UN statelessness conventions are the key legal instruments in the protection of stateless people around the world.

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Sign and share our Open Letter to End Statelessness by 2024.

Global Roundtable on Alternatives to Detention of Asylum-Seekers, Refugees, Migrants and Stateless Persons

Summary Conclusions of the first Global Roundtable on Alternatives to Detention, held in May 2011 in Geneva

Convention relating to the Status of Stateless Persons; Its History and Interpretation

A Commentary by Nehemiah Robinson of the Institute of Jewish Affairs at the 1955 World Jewish Congress, re-printed by UNHCR's Division of International Protection in 1997

Stateless People

A tough task determining the true number of stateless people

Stateless in American Samoa: Mikhail Sebastian's Story

Mikhail Sebastian is a stateless man who has been living in the United States for more than a decade-and-a-half. In this video, he tells of the hardships he has faced and the importance of providing legal protections to stateless persons in the U.S.

Statelessness Around the World

At least 10 million people in the world today are stateless. They are told that they don't belong anywhere. They are denied a nationality. And without one, they are denied their basic rights. From the moment they are born they are deprived of not only citizenship but, in many cases, even documentation of their birth. Many struggle throughout their lives with limited or no access to education, health care, employment, freedom of movement or sense of security. Many are unable to marry, while some people choose not to have children just to avoid passing on the stigma of statelessness. Even at the end of their lives, many stateless people are denied the dignity of a death certificate and proper burial.

The human impact of statelessness is tremendous. Generations and entire communities can be affected. But, with political will, statelessness is relatively easy to resolve. Thanks to government action, more than 4 million stateless people acquired a nationality between 2003 and 2013 or had their nationality confirmed. Between 2004 and 2014, twelve countries took steps to remove gender discrimination from their nationality laws - action that is vital to ensuring children are not left stateless if their fathers are stateless or unable to confer their nationality. Between 2011 and 2014, there were 42 accessions to the two statelessness conventions - indication of a growing consensus on the need to tackle statelessness. UNHCR's 10-year Campaign to End Statelessness seeks to give impetus to this. The campaign calls on states to take 10 actions that would bring a definitive end to this problem and the suffering it causes.

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Statelessness Around the World

Statelessness in Kyrgyzstan

Two decades after the disintegration of the Soviet Union, thousands of people in former Soviet republics like Kyrgyzstan are still facing problems with citizenship. UNHCR has identified more than 20,000 stateless people in the Central Asian nation. These people are not considered as nationals under the laws of any country. While many in principle fall under the Kyrgyz citizenship law, they have not been confirmed as nationals under the existing procedures.

Most of the stateless people in Kyrgyzstan have lived there for many years, have close family links in the country and are culturally and socially well-integrated. But because they lack citizenship documents, these folk are often unable to do the things that most people take for granted, including registering a marriage or the birth of a child, travelling within Kyrgyzstan and overseas, receiving pensions or social allowances or owning property. The stateless are more vulnerable to economic hardship, prone to higher unemployment and do not enjoy full access to education and medical services.

Since independence in 1991, Kyrgyzstan has taken many positive steps to reduce and prevent statelessness. And UNHCR, under its statelessness mandate, has been assisting the country by providing advice on legislation and practices as well as giving technical assistance to those charged with solving citizenship problems. The refugee agency's NGO partners provide legal counselling to stateless people and assist them in their applications for citizenship.

However, statelessness in Kyrgyzstan is complex and thousands of people, mainly women and children, still face legal, administrative and financial hurdles when seeking to confirm or acquire citizenship. In 2009, with the encouragement of UNHCR, the government adopted a national action plan to prevent and reduce statelessness. In 2011, the refugee agency will help revise the plan and take concrete steps to implement it. A concerted effort by all stakeholders is needed so that statelessness does not become a lingering problem for future generations.

Statelessness in Kyrgyzstan

Stateless in Beirut

Since Lebanon was established as a country in the 1920s there has been a long-standing stateless population in the country.

There are three main causes for this: the exclusion of certain persons from the latest national census of 1932; legal gaps which deny nationality to some group of individuals; and administrative hurdles that prevent parents from providing proof of the right to citizenship of their newborn children.

Furthermore, a major reason why this situation continues is that under Lebanese law, Lebanese women cannot pass on their nationality to their children, only men can; meaning a child with a stateless father and a Lebanese mother will inherit their father's statelessness.

Although exact numbers are not known, it is generally accepted that many thousands of people lack a recognized nationality in Lebanon and the problem is growing due to the conflict in Syria. Over 50,000 Syrian children have been born in Lebanon since the beginning of the conflict and with over 1 million Syrian refugees in the country this number will increase.

Registering a birth in Lebanon is very complicated and for Syrian parents can include up to five separate administrative steps, including direct contact with the Syrian government. As the first step in establishing a legal identity, failure to properly register a child's birth puts him or her at risk of statelessness and could prevent them travelling with their parents back to Syria one day.

The consequences of being stateless are devastating. Stateless people cannot obtain official identity documents, marriages are not registered and can pass their statelessness on to their children Stateless people are denied access to public healthcare facilities at the same conditions as Lebanese nationals and are unable to own or to inherit property. Without documents they are unable to legally take jobs in public administrations and benefit from social security.

Children can be prevented from enrolling in public schools and are excluded from state exams. Even when they can afford a private education, they are often unable to obtain official certification.

Stateless people are not entitled to passports so cannot travel abroad. Even movement within Lebanon is curtailed, as without documents they risk being detained for being in the country unlawfully. They also do not enjoy basic political rights as voting or running for public office.

This is the story of Walid Sheikhmouss Hussein and his family from Beirut.

Stateless in Beirut

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