Cambodian lawmakers have amended the constitution on July 11 paving the way for people charged with foreign collusion to be stripped of their citizenship, despite concerns such a law could be used to silence government critics.
The July 11 vote to amend Article 33 of the Constitution was passed unanimously.
Justice Minister Koeut Rith said the 11th amendment of the Constitution paves the way for further legal frameworks to revoke citizenship from traitors.
After it comes into effect, the government will propose to amend the 2018 Citizenship Law, allowing citizenship to be revoked.
“This amendment aims to purify patriotism and loyalty of the Khmer people,” Rith said. “I expect the law could exist soon, as the Justice Ministry has been working with the Interior Ministry since we studied the amendment of the Constitution.”
Currently, Article 33 of the Constitution states: “Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported to any foreign country unless there is a mutual agreement on extradition. Khmer citizens residing abroad enjoy the protection of the State. The Khmer nationality shall be determined by a law.”
Article 33 (new) states that the loss of the Khmer nationality shall be determined by a law.
He said the amendment will become a tool to protect the state and ensure strict respect of the Constitution’s Article 49 (new), which says: “Khmer citizens shall place the interests of the nation first and shall not conduct directly or indirectly any activity affecting the interest of the Kingdom of Cambodia and Khmer citizens.”
The minister said the new law will only be enforced against individuals who collude with foreigners to destroy the national interests. “You betray our nation, so Cambodia has no reason to welcome traitors.”
However, the revocation conditions have not been set out yet, he said, for example for those with dual citizenship and some with naturalization. He denied the accusation that the law is intended to attack the government’s critics, saying the expression is not considered treason.
He said the revocation law is not an act of genocide. Such an accusation was baseless, he said, outlining four common reasons for such a law in other countries.
These were treason, terrorism and security impact, disloyalty and the impact on the national core interest.
He noted that about 150 countries Including France, the United States, the United Kingdom, Germany, Australia, Italy, Belgium, South Korea and Singapore — have legal frameworks allowing citizenship to be revoked in cases of serious misconduct, including national security threats.
Asked what challenges the law would pose for certain individuals, Rith said those colluding with foreigners will be stripped of their property ownership but they will be helped by their foreign friends anyway, and that they don’t have a heart with Cambodia anymore.
Ang Vong Vathana, chairman of the Commission on Legislation and Justice of the National Assembly, said the 11th Constitution amendment is unique as all three dignitaries; the King, the prime minister and the NA president, who have the right to initiate Constitution amendments back this citizenship revocation
