Legal Framework

The constitution provides for freedom of belief and religious worship, as long as such freedom neither interferes with others’ beliefs and religions nor violates public order and security. The constitution establishes Buddhism as the state religion and provides for state support of Buddhist education; it also prohibits discrimination based on religion. The law requires that religious groups refrain from openly criticizing other religious groups, but it does not elaborate the legal consequences for those who violate this restriction. The law also forbids religious organizations from organizing events, rallies, meetings, and training sessions that are politically focused.

The law requires all religious groups, including Buddhist groups, to register with the MCR. The law mandates that groups must inform the government of the goals of their religious organization; describe their activities; provide biographical information for all religious leaders; describe funding sources; submit annual reports detailing all activities; and refrain from insulting other religious groups, fomenting disputes, or undermining national security. Registration requires approvals from numerous local, provincial, and national government offices, a process that can take up to 90 days. There are no penalties for failing to register, but registered religious groups receive an income tax exemption from the Ministry of Economy and Finance.

The law bans non-Buddhist groups from proselytizing publicly and stipulates that non-Buddhist literature may be distributed only inside religious institutions. The law also prohibits offers of money or materials to convince persons to convert.

The law requires separate registration of all places of worship and religious schools. Authorities may temporarily shut down unregistered places of worship and religious schools until they are registered. The law also makes a legal distinction between “places of worship” and “offices of prayer.” The establishment of a place of worship requires that the founders own the structure and the land on which it is located. The facility must have a minimum capacity of 200 persons, and the permit application requires the support of at least 100 congregants. An office of prayer may be located in a rented property and has no minimum capacity requirement. The permit application for an office of prayer requires the support of at least 25 congregants. Places of worship must be located at least two kilometers (1.2 miles) from each other and may not be used for political purposes or to house criminals or fugitives. The distance requirement applies only to the construction of new places of worship and not to offices of religious organizations or offices of prayer.

Schools that focus on religious studies must be registered with the MCR and the Ministry of Education, Youth, and Sport (MOEYS). MOEYS advises religious schools to follow the ministry’s core curriculum, which does not include a religious component. Non-Buddhist religious schools are permitted and may be either public or private. Secular public schools may choose to have supplemental Buddhist lessons, but they are required to coordinate with MOEYS when doing so. Not all secular public schools offer supplemental Buddhist lessons, and non-Buddhist students may opt out of such instruction. The law does not allow non-Buddhist supplemental religious instruction in secular public schools.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

The government continued to refuse to allow UNHCR to permanently accept a group of Christian Montagnards from Vietnam who came to the country to claim refugee status. Of the original estimated 200 Christian Montagnards who had fled Vietnam and were in Cambodia in 2017, 12 remained in the country after two traveled illegally to Thailand and 13 returned to Vietnam voluntarily during the year. The government continued to require them to live in a specific area of Phnom Penh. The adults were not permitted to work, and the children were not permitted to attend school. The remaining 13 decided to stay in the country until they are permitted to leave for a third country.

The government continued to promote Buddhist holidays by grants of official status and declarations of government holidays. The government also provided Buddhist training and education to monks and laypersons in pagodas, and it gave financial support to an institute that performed research and published materials on Khmer culture and Buddhist traditions. The government did not grant similar treatment to other religious groups, including by declaring government holidays.

On July 24, MCR Undersecretary of State Thor Koeun led a delegation from the Cambodian Buddhist Institute to visit the Chinese Cultural Center in Phnom Penh. Following the meeting, Koeun proposed hosting a joint workshop to exchange information on the two countries’ customs, with a focus on their shared Buddhist traditions.

On March 17, Prime Minister Hun Sen announced a ban on all religious gatherings as part of the government’s pandemic response. After publishing health guidelines for Pchum Ben – a local Buddhist festival – gatherings on August 31, the government allowed Islamic religious gatherings to resume beginning September 5 on a trial basis and under Ministry of Health guidelines to prevent the spread of COVID-19, such as social distancing and a ban on sharing prayer mats. Christian churches were not allowed to convene their followers until September 11, when the government granted them permission to hold gatherings under the same health-related restrictions.

In March, when the government implemented more stringent health measures to prevent the spread of COVID-19, the Ministry of Health separated Muslim Cambodians from other Cambodian citizens – into their own “Khmer Islam” category – in official government statistics on COVID-19 infections. After receiving public criticism for singling out the religious minority group, the government began issuing official infection counts with a single “Khmer” category for all Cambodian citizens. There were subsequent reports of local merchants refusing to sell their goods to Muslims and some non-Muslims putting on a mask only when in the presence of a Muslim. Some civil society group and Muslim leaders pointed to the Ministry of Health’s “Khmer Islam” distinction – along with media reports of large numbers of Muslims returning with the disease from a religious gathering in Malaysia – as having partly caused a perception that Muslims had brought the virus to the country, sparking these incidents of discrimination. On June 9, the United Nations, in coordination with the Ministry of Health, launched a nationwide campaign to combat discrimination and hate speech during the COVID-19 pandemic. After the launch of the campaign, there were few reports of this discrimination continuing.

In October, the government issued a directive that required Buddhist clergy to obtain land titles recognized by the national government for pagodas in what it said was a move to better regulate religious institutions in the country. A spokesperson stated that pagodas had been involved in multiple land disputes in the past and said the move was meant to prevent “future consequences.” The spokesperson also said it would not cost money to obtain the titles. Some monks said they thought this new requirement would be used by the government to exercise more control over monks and pagodas. The government directive also put a temporary halt on new applications to establish Christian churches. The government said it was altering registration procedures and creating a new process to reregister existing churches. The government said this would apply to all religious groups.

Local authorities continued the process of returning 742 disputed hectares (1,800 acres) of land from an economic concession to Vietnamese company Hoang Anh Gia Lai (HAGL) to indigenous communities in Rattanakiri Province, which predominantly practice animist beliefs. In March, local villagers and land rights NGOs accused HAGL of destroying sites on the land earmarked for return considered sacred by the local indigenous communities, including two spirit mountains, wetlands, traditional hunting areas, and burial grounds. As of the end of the year, the government had not finalized the return of the land, which remained under the control of HAGL.

For the first time in seven years, Prime Minister Hun Sen did not host an iftar due to concerns regarding the spread of COVID-19. The Prime Minister conveyed his regrets to Muslim communities in the country on his Facebook page. On April 24, the Prime Minister issued a public statement wishing all Muslim communities inside and outside the country a happy Ramadan.