The Khmer Movement for Democracy (KMD) expresses deep concern over the recent intention of the President of the Cambodian Senate to study the legal aspects of amending Article 33 of the Cambodian Constitution, which guarantees the inalienability of Khmer nationality. We are even more concerned when the Constitutional Council states that Article 33 of the Constitution is amendmentable. KMD notes with concern that the Cambodian Constitution has been amended frequently in recent years, in accordance with the will of the politicians in power, which has undermined public confidence in the permanent strength of the Constitution, because the Constitution is a stable foundation for national governance, not a tool that can be manipulated to suit short-term political goals.

Nationality is a fundamental element of national identity and legal equality, that is, a legal relationship between an individual and the state. This fundamental element and legal equality are clearly stated in Article 33 of the Cambodian Constitution, which states that “Khmer citizens shall not be deprived of their nationality, deported or extradited to any foreign country except by mutual agreement.” In addition, the Cambodian Criminal Code already provides legal instruments related to foreign collusion, as set out in Chapter 2 (Breach of State Security), Section 1 (Treason and Espionage), which includes articles on acts of conspiracy with foreign state (Article 443) and the provision of supplying foreign state with information prejudicial to national defence (Article 445).

Cambodia is a party to key international treaties, conventions, covenants and agreements, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary deprivation of nationality. 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.

If this amendment is approved, some Cambodian citizens will become stateless, completely losing their civil, political, economic and social rights, and may even be subject to discrimination. This is against the original spirit of the Cambodian Constitution, contrary to the norms of international law that Cambodia is obliged to follow as a member state of the United Nations, as well as the requirements of the 1991 Paris Peace Agreement.

In the spirit of preserving and safeguarding the Khmer nationality that is irrevocable from birth, and in the goal of achieving true national unity, KMD strongly urges the Royal Government to take the following measures:

1. Reject the proposal to study the legal aspects of amending the Constitution with the aim of revoking Khmer nationality from Khmer people, which is an inalienable right from birth. On the contrary, the Royal Government of Cambodia must review the current forms, processes, and procedures of naturalisation to ensure accuracy, transparency, and prevent national security risks.
2. Drop charges, release, and rehabilitate political activists, human rights activists, environmental activists, journalists, union leaders, and leaders of civil society organizations who have been unjustly accused, arrested, and imprisoned for peacefully advocating for the protection of national interests.

We call on Cambodian people both at home and abroad, as well as political figures from all political parties, to join forces and ideas to strengthen the rule of law, the justice system, and national unity, leading to true peace for our motherland.