land rights of indigenous people in cambodia

8/14/2019 Land Rights of Indigenous People in Cambodia

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Outline:Outline:

Indigenous People in Cambodia andIndigenous People in Cambodia andIssue facingIssue facing

Legal procedure supports IP rightsLegal procedure supports IP rightsPossible solution in dealing with IPPossible solution in dealing with IPissueissue

NGOF approachesNGOF approaches


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Indigenous People inIndigenous People inCambodiaCambodia

Indigenous minority communities inIndigenous minority communities inCambodia are located in 15Cambodia are located in 15different provinces.different provinces.According to the 1998 PopulationAccording to the 1998 PopulationCensus, 17 different indigenousCensus, 17 different indigenousethnic minority groups wereethnic minority groups wereidentified numbering about 1.5% of identified numbering about 1.5% of the total population.the total population.People living in small rural villagesPeople living in small rural villagesand have their own languages.and have their own languages.

They are mostly animist, with the They are mostly animist, with thebelief that the environment isbelief that the environment is

inhabited with spirits influence oninhabited with spirits influence onpeoples daily live.peoples daily live.


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IP in Cambodia (cont.)IP in Cambodia (cont.)Livelihood depends mainlyLivelihood depends mainlyon shifting cultivation andon shifting cultivation andcollecting of the forestcollecting of the forestproducts since very long.products since very long.Shifting agriculture is stillShifting agriculture is stillconducting the traditionalconducting the traditionalmanner by doing slash andmanner by doing slash andburn forest.burn forest.

Traditional ceremonies are Traditional ceremonies areconducted during the timeconducted during the time

to make sure that they areto make sure that they arefollow the rule of appeasingfollow the rule of appeasingto the spirit and they belief to the spirit and they belief the spirit will help to getthe spirit will help to gethigh yield of rice harvest.high yield of rice harvest.


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Issues facingIssues facing

Conflict in Development Conflict in Develop

ment Major infrastructural development initiative Major infrastructural development initiative international transportation links to border, hydro-international transportation links to border, hydro-electricity, foreign investment for agro-industrialelectricity, foreign investment for agro-industrialplantation and mineral exploitationplantation and mineral exploitationConflicts in development logging and landConflicts in development logging and landconcession companiesconcession companiesConflicts in accessing the natural resourcesConflicts in accessing the natural resourcesDiscouragement of customary practicesDiscouragement of customary practices

Through this transformation, there are many conflicts Through this transformation, there are many conflictswere happened conflict between villagers, neighboringwere happened conflict between villagers, neighboringcommunities, villager and outsiders.communities, villager and outsiders.Generally, conflicts were happened of the limitedGenerally, conflicts were happened of the limiteddialogue between stakeholders and the communities.dialogue between stakeholders and the communities.


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Issues facing (cont.)Issues facing (cont.)

Eliminating Shifting CultivationEliminating

Shifting CultivationCurrently, land and forest resources are beingCurrently, land and forest resources are beingcritically and contested.critically and contested.Government tend to exclude local people fromGovernment tend to exclude local people from

access to natural resource through grantingaccess to natural resource through grantingland and forest concession.land and forest concession.During this time, people faced difficultiesDuring this time, people faced difficultiespracticing traditional methods of agriculture,practicing traditional methods of agriculture,with much competition for resource utilizationwith much competition for resource utilizationand encroachment of land.and encroachment of land.As above, people have changed their way of As above, people have changed their way of life by hired by wealthy families to clear newlife by hired by wealthy families to clear newland or work on cashew nut farm.land or work on cashew nut farm.


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Issues facing (cont.)Issues facing (cont.)

Logging and Land ConcessionLog ging and Land ConcessionForest cover had steadily declined.Forest cover had steadily declined.Villagers attributed the loss of timberVillagers attributed the loss of timberresources mainly to the loggingresources mainly to the loggingoperations and illegal loggingoperations and illegal loggingLand grabbing and encroachment isLand grabbing and encroachment israpidly happened in the arearapidly happened in the areaConflicts resulting from granting of Conflicts resulting from granting of logging and land concession to variouslogging and land concession to variouscompanies.companies.


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International IPs rightsInternational IPs rightssituationsituation

International Convention on Economic, Social andInternational Convention on Economic, Social andCultural RightsCultural RightsInternational Convention on Civil and PoliticalInternational Convention on Civil and PoliticalRightsRights

International Convention on the Elimination of AllInternational Convention on the Elimination of AllForms of Racial DiscriminationForms of Racial DiscriminationILO Convention No. 169 on Indigenous and TribalILO Convention No. 169 on Indigenous and TribalPeoplesPeoplesUN Declaration on the Rights of Indigenous PeoplesUN Declaration on the Rights of Indigenous Peoples

Formal policies on IP by multi and bi-lateralFormal policies on IP by multi and bi-lateraldevelopment agencies: EU, UNDP, World Bank,development agencies: EU, UNDP, World Bank,Asian Development Bank, Danida, BMZ-Germany,Asian Development Bank, Danida, BMZ-Germany,etcetc


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Cambodia legal & PolicyCambodia legal & PolicyFrameworkFramework

Cambodia Constitution Law (1993)Cambodia Constitution Law (1993)Land Law (2001)Land Law (2001)

Forestry Law (2002)Forestry Law (2002)Strategy of Land Policy FrameworkStrategy of Land Policy Framework(2002)(2002)

NSDP extension (2006-2012)NSDP extension (2006-2012)IP sub-decree (adopted in 2008)IP sub-decree (adopted in 2008)


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Legal Framework for CollectiveLegal Framework for Collective Titling Titling

2001 Land Law, Chapter 3, Part 2 (Art. 23-2001 Land Law, Chapter 3, Part 2 (Art. 23-28): indigenous communities be granted28): indigenous communities be grantedcommunal ownership rights to their landscommunal ownership rights to their lands

Art. 23 mentions a law on communities toArt. 23 mentions a law on communities todetermine the legal status of indigenousdetermine the legal status of indigenouscommunitiescommunitiesChap. 10 of the Land policy frameworkChap. 10 of the Land policy frameworkcalls for an implementing sub-decree of thecalls for an implementing sub-decree of the2001 Land Law to enable communal titling2001 Land Law to enable communal titling


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Provisions of the 2001 LandProvisions of the 2001 LandLawLaw

Definition of indigenous community and criteria forDefinition of indigenous community and criteria formembership (Art. 23-24)membership (Art. 23-24)Protection of rights of groups actually existing atProtection of rights of groups actually existing atpresent (Art. 23)present (Art. 23)Land eligible to be included in the collective title:Land eligible to be included in the collective title:

residential, traditional agriculture, lands necessary forresidential, traditional agriculture, lands necessary forshifting cultivation (Art. 25)shifting cultivation (Art. 25)Measurement and demarcation of boundaries areMeasurement and demarcation of boundaries areasserted by the communities in agreement with theirasserted by the communities in agreement with theirneighbors (Art. 25)neighbors (Art. 25)Indigenous communities hold private ownership rights toIndigenous communities hold private ownership rights tostate private and state public land but cannot dispose of state private and state public land but cannot dispose of the latter (Art. 26)the latter (Art. 26)Indigenous communities may transfer individualIndigenous communities may transfer individualownership rights to members of the community (Art. 27)ownership rights to members of the community (Art. 27)


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Possible solutionsPossible solutions

For Govt:For Govt:Government should give opportunity toGovernment should give opportunity toethnic minorities to full participation inethnic minorities to full participation indevelopment process.development process.

Recognized and legitimized customaryRecognized and legitimized customarypractices, community rights for control,practices, community rights for control,utilization of natural resources.utilization of natural resources.Development planer and policy-makerDevelopment planer and policy-makershould play the supporting role andshould play the supporting role andconsult the ethnic minorities to find theconsult the ethnic minorities to find thealternative for development.alternative for development.


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Possible solutions (cont.)Possible solutions (cont.)

For NGOs:For NGOs:NGOs should develop a strategy for working effectively withNGOs should develop a strategy for working effectively withGovt ministries responsible for the protection and use of Govt ministries responsible for the protection and use of natural resources with the aim of gaining an understandingnatural resources with the aim of gaining an understandingof future resource use plans.of future resource use plans.

NGOs should initiate discussions with Govt ministriesNGOs should initiate discussions with Govt ministriesresponsible for basic service delivery in an attempt toresponsible for basic service delivery in an attempt tounderstand what plans are on foot and what opportunitiesunderstand what plans are on foot and what opportunitiesexist to work closely with government to address the lack of exist to work closely with government to address the lack of access to education and health services.access to education and health services.NGOs to investigate and where appropriate initiate withNGOs to investigate and where appropriate initiate withNGOs working in the area to lobby International and localNGOs working in the area to lobby International and localcompanies to be partners in development activities. Thecompanies to be partners in development activities. Theobjective of this initiative is to encourage companies toobjective of this initiative is to encourage companies tocontribute to sustainable development where they derive acontribute to sustainable development where they derive abenefit.benefit.


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NGOF approachesNGOF approaches

1.1. Coordinate NGO networksCoordinate NGO networks- Identify common issues, shareIdentify common issues, share

experiences & develop coordinatedexperiences & develop coordinatedadvocacy strategiesadvocacy strategies

1.1. Support advocacy activities of Support advocacy activities of indigenous peoples and forestindigenous peoples and forestdependent communitiesdependent communities

- Legal advice, facilitate meetings withLegal advice, facilitate meetings withdecision-makers, investigate and advocatedecision-makers, investigate and advocateon cases, lobby donors and Governmenton cases, lobby donors and Government


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NGOF approaches (cont.)NGOF approaches (cont.)

3.3. Enable NGOs and communities toEnable NGOs and communities toengage in policy dialogue withengage in policy dialogue withGovernment and DonorsGovernment and Donors

- Membership of national policyMembership of national policyinstitutions, public forums, publicinstitutions, public forums, publicconsultations on policiesconsultations on policies

3.3. Conduct research in support of Conduct research in support of advocacy and policy-dialogueadvocacy and policy-dialogueobjectivesobjectives


16/16Thanks for your attention!Thanks for your attention!

land rights of indigenous people in cambodia

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