On the occasion of the International Day of the World’s Indigenous Peoples, we wish to jointly celebrate Cambodia’s indigenous communities’ rights.
The rights of Indigenous peoples are guaranteed under Cambodian and International human rights law. These rights include the right to tradition, the right to religion, as well as the right to land and the right to free and informed consent.
Despite these guarantees, indigenous peoples in Cambodia have lost their land at an alarming rate due to large-scale logging of forests, resource extraction, infrastructure projects, and land concessions. In response to these challenges, the Royal Government of Cambodia (“RGC”) has, in theory, recognized collective land rights of indigenous peoples; the 2001 Land Law and the Sub-Decree No.83 on the Procedures of Registration of Land of Indigenous Communities provide for specific recognition of the concept of collective ownership of land, allowing indigenous communities to legally register their communal lands under collective land titles (“CLTs”).
Traditionally, indigenous peoples in Cambodia sustain their livelihoods through cultivating forested land, utilizing a technique known as shifting cultivation, as well as hunting wild animals and gathering forest by-products. In addition, the beliefs, traditions, and identities of indigenous communities in Cambodia are closely tied to the land, which carries major spiritual significance as a link to their ancestors and natural spirits. Despite the importance of land to indigenous communities and the comprehensive legal framework that protects their land rights, in practice the process of obtaining a CLT is lengthy and extremely complex, often subject to lengthy delays due to a lack of political will. Moreover, a lack of implementation of the law has led to Cambodia’s indigenous communities fast losing their communal land and natural resources. As of May 2019, only 24 out of 458 indigenous communities have received CLTs.
The alienation of indigenous people from their land threatens the very existence of Cambodia’s indigenous population. We therefore renew calls on the Royal Government of Cambodia to take appropriate steps to protect the rights of indigenous communities. In particular, the RGC should take concrete measures to facilitate the procedures for CLTs, in line with several recommendation accepted by Cambodia during it third Universal Periodic Review (“UPR”). These include the recommendations to “Take measure to simplify the allocation of community land concessions to indigenous peoples” (110.21), and to “Step up efforts in land matters, including through the effective and transparent implementation of measure to tackle land evictions, and provide the victims of land grabbing, particularly indigenous people, with fair compensation” (110.130).
Furthermore, indigenous rights defenders in Cambodia have faced increasing risks in conducting their legitimate work advocating for the promotion and protection of indigenous peoples’ rights, including acts of violence. We renew calls on the RGC to promptly take measures to protect human rights defenders (“HRDS”), and specifically ensure that HRDs are able to carry out their legitimate activities without fear or undue hindrance, obstruction or judicial harassment and other forms of harassment or violence. The RGC must also conduct impartial, thorough and effective investigations into all cases of attacks on and harassment and intimidation against HRDs, including indigenous rights activists, and bring the perpetrators to justice. This in line with Cambodia’s commitment under the UPR to implement a number of recommendations including the recommendation to “Protect […] human rights defenders, […] from harassment, arbitrary arrest and physical attacks, and investigate and prosecute the perpetrators of such attacks” (110.113).