Sub-Decree on Procedures of Registration of Land of Indigenous Communities

The Sub-Decree on Procedures of Registration of Land of Indigenous Communities is a legal framework in Cambodia that provides the guidelines and procedures for registering the communal land of Indigenous communities. It was adopted by the Cambodian government on June 9, 2009, and is a significant part of Cambodia's effort to recognize and protect the land rights of Indigenous peoples within the country.

Key Aspects of the Sub-Decree:

1. Objective:
- The Sub-Decree aims to recognize and secure the collective ownership of land by Indigenous communities in Cambodia. This includes lands that Indigenous communities traditionally use for housing, agriculture, sacred sites, burial grounds, and other customary purposes.

2. Scope of Application:
- The Sub-Decree applies to all Indigenous communities in Cambodia that can demonstrate their collective use of land according to their traditions and customs.

3. Land Types Covered:
- The Sub-Decree allows Indigenous communities to register various types of land, including:
- Residential Land: Areas where Indigenous peoples live.
- Agricultural Land: Land used for farming, which may include rice fields, orchards, and shifting cultivation areas.
- Spiritual and Burial Grounds: Sacred sites and cemeteries that hold cultural and spiritual significance.
- Forest Land: Community forests used for gathering resources and maintaining biodiversity.

4. Registration Process:
- First, the community has to apply for self-identification of Indigenous identity with the Ministry of Rural Development

- Application: Indigenous communities must first apply for recognition as a legal entity by registering with the Ministry of Interior.
- Identification of Land: The community, in collaboration with local authorities, identifies the land to be registered. This includes mapping the land and documenting its use and boundaries.
- Approval and Issuance of Title: After verification and approval by relevant government bodies, the community is granted collective land titles. These titles are perpetual and cannot be sold, transferred, or leased to non-Indigenous entities.

5. Roles and Responsibilities:
- The Ministry of Land Management, Urban Planning, and Construction is responsible for overseeing the land registration process.
- The Ministry of Interior assists Indigenous communities in organizing themselves for the registration process and in applying for recognition as legal entities.

6. Legal Protection:
- Once registered, the communal land of Indigenous communities is legally protected. The land cannot be confiscated or used for other purposes without the community's consent, which is in line with the principle of Free, Prior, and Informed Consent (FPIC).

7. Challenges and Implementation:
- Despite its intentions, the implementation of the Sub-Decree has faced challenges, including bureaucratic delays, lack of awareness among Indigenous communities, and competing interests in land development projects. Additionally, some Indigenous communities have struggled with the technical and financial aspects of the registration process.

Importance:
The Sub-Decree on Procedures of Registration of Land of Indigenous Communities is a critical tool for protecting the rights of Indigenous peoples in Cambodia. It acknowledges the unique relationship between Indigenous communities and their land and seeks to preserve their cultural heritage, livelihoods, and autonomy by providing them with legal recognition and protection of their traditional lands.