Reporter1 – Page 8 – The Voices of Indigenous Peoples in Cambodia

Heng Phen is released on bail, but being watched by the police

“We will always protect our land. We will keep fighting to find a solution if someone tries to take the land. I recently got out of jail, but there are still lingering land issues. However, because it is the land of our ancestors, we shall all unite as one to struggle with the court to reclaim it. The accusation that I have encroached on the company property is demonstrably untrue because we have used this land for many generations, starting with our ancestors. Therefore, from this point on, let all institutions and leaders assist in recognizing our community land.” said Heng Phen in a video clip following her release on bail on Thursday, June 30.

The Kampong Thom court charged Mrs. Heng Phen with “committing violence against a real estate occupant” and ordered her to be held in detention in June 14. On June 30, Phen was released on bail and freed. She is now subject to district police surveillance and must appear in court once a month for the next three months.

When Phen was finally allowed back into the neighborhood, people flocked to her support to express their solidarity.

Prior to her release, the villagers arranged a traditional prayer for her freedom; eventually, she was let out of jail in accordance with their wishes.

Kui Indigenous Woman Representative Detained Over Land Dispute Complaint

Representative of Kui indigenous group in Ngon commune, Sandan district, Kampong Thom province has been remanded in custody following a lawsuit filed by the SAMBATH PLANTINUM. Co., LTD((https://data.opendevelopmentcambodia.net/km/dataset/sambath-platinum-co-ltd-amendment)). Hean Hiek, First Vice President of the Kui Kbet Chonghor Khna Indigenous Community said authorities arrested her on June 14, 2022, and sent her to pretrial detention according to the complaint of Chheng Phan, a representative of Sambath Platinum Company.

The indigenous community of Kui Kbet Chonghor Khna has had land disputes with Sambath Platinum and Tepi Agro((https://data.opendevelopmentcambodia.net/km/dataset/tepi-agro-investment-co-ltd-amendment)) from 2012 until 2022. A community representative said that in 2014, the Kampong Thom provincial authorities facilitated the company to cut 130 hectares of land. He claimed that on May 18, 2022, eight police officers armed with guns insulted the villagers, injured them and seized their tractors((https://www.vodkhmer.news/2022/06/16/kampong-thom-indigenous-representative-detained-over-land-dispute/)).

He said “We, the Indigenous people, call on the courts and national authorities to intervene and release Heng phen in accordance with the policy of promoting the rights of indigenous peoples”.

Ngorn commune chief Set Poy said he did not know in advance that the company Sambath Platinum was suing indigenous representatives and that one of them had been arrested. Heng Phen was remanded in custody on June 14 on charges of “violence against a real estate occupant,” an official told VOA Khmer.

From 1979 to the present, more than 100 indigenous Kui families have enjoyed the traditional way of life in the community forest in Kbet Chonghor Khna village, Ngon commune, Sandan district, Kampong Thom province, according to a report published in 2022 on the situation of the Kui indigenous community in Kbet Chonghor Khna village, Ngon commune, Sandan district, Kampong Thom province.

The indigenous Kui community registered with the Ministry of Rural Development in 2016 and the Ministry of the Interior in 2017, according to the report. The community spans more than 1,000 hectares, with the business clearing around 700 hectares so far.

Sambath Platinum, a development investment company in agriculture, industry, and rubber plantation, received a government investment right on 2,496 hectares in the Boeung Per Wildlife Sanctuary in Meanchey commune, Sandan district, Kampong Thom province, according to the government’s location map in 2011.

Separately, on August 13, 2021, the Kampong Thom Province Department of Land Management, Urban Planning and Construction issued a letter to Sambath Platinum and Tepi Agro ordering them to stop clearing border posts, bulldozing crops, and removing border posts from community land, as well as compensation for crops destroyed by the company.

Four Indigenous Peoples in Mondulkiri Province Ask Court to Drop Charges

Following a lawsuit brought by a private company, four Bunong indigenous people who are active in land and natural resource protection have urged the court to dismiss the charges against them.

According to the complaint filed by Kak Ratana, who claims to be the director of Villa Development Co., Ltd., Mr. Eang Sokun, Representative of the Mondulkiri Provincial Prosecutor’s Office, summoned four indigenous peoples, including Mr. Kroeurng Tola, Ms. Phloek Phirum, Ms. Phloek Nary, and Mr. Khleng Tum, to appear on the afternoon of June 7, 2022 for ”

Phloek Phirum, Mondulkiri’s Indigenous Network Coordinator, told VOA Khmer that the court questioned them for hours yesterday about the charges before allowing them to return home because no decision had been reached.

“She and other indigenous representatives requested that the accusations against them be dropped during the trial because they did not do the wrongdoing,” she said.

Ms. Phloek Phirom stated that the complaint was brought after they protested to a representative of Villa Development Co., Ltd. named Kat Ratana about how she used a bulldozer to demolish Indigenous peoples’ forest and land.

She said that a company called Kat Ratana had bulldozed many hectares of forest land and indigenous lands that had been enjoyed since 1988 in Laoka village, Sokdom commune, Sen Monorom city, with no action from the competent authorities.

On March 21, 2022, indigenous representatives filed a lawsuit against two local officials, including Sokdom commune chief Pov Sophat and Laoka village chief Kim Sim, as well as the director of Villa Development Management Co., Ltd., Ms. Kak Ratana, for “clearing, encroaching on public forest land, and destroying resin trees in the Phnom Prich Wildlife Sanctuary and favoring forest crimes,” but residents claim the court did not act on their complaints.

VOD, on the other hand, was unable to elicit an answer from Kat Ratana on this matter yesterday.

Disclaimer:

This is an unofficial translation of the original article by VOD Khmer, see the original article: https://www.vodkhmer.news/2022/06/08/mondulkiri-four-indigenous-ask-court-to-drop-charges/?fbclid=IwAR1-Rzkd8ilq7sFrJ3gQSsR-tF8urLA1VjHU5_TgBzMcTwBO96cTBCxXk9E

9 Jarai Families’ Land Cleared, Destroying Crops and Wild Vegetables

About 9 indigenous Jarai families in Tang Chi village, Nhang commune, Andong Meas district, Ratanakkiri province, lost their farmland after some people posing as the manager of 7 Makara Phari Company brought in excavators and tractors to clear and destroy community plantations where the 9 families had been practicing for years.

The nine families demanded that the authorities intervene and do the study to remedy their concerns on June 1, 2022.

On May 8, 2022, land was cleared without notice after community members alleged they had harmed several hectares of crops. Furthermore, the clearing obliterated places where the community had previously found non-timber forest products.

Source: https://www.facebook.com/prahnoreay/videos/1225531048259387/

Five Kui Summoned by Preah Vihear Court

The Preah Vihear Provincial Court summoned five indigenous Kui for questioning this morning, June 1, 2022. Thong Suth, Suth Savon, Thap Sok Khi, Ngon Him, and Ms. Roeun Khat (Khan) are the five accused, who are members of the Kui ethnic group and live in Prame commune, Tbeng Meanchey, Preah Vihear Province. According to the summons, the five were charged with threatening to kill and threatening to inflict damage on February 4, 12, and 13, 2022, in Sre Prieng Village, Prame Commune, Tbeng Meanchey district, Preah Vihear Province, according to Mr. Vuth Savy, a representative of the Preah Vihear Provincial Prosecutor’s Office.

The five have been summoned to court, accompanied by roughly 100 indigenous Kui communities to keep an eye on them and provide support.

They are all victims of land conflicts in Preah Vihear province with the Chinese company Ruifeng.

Source: https://bit.ly/3mt2OWY

End Inequalities, Recognize Abuses, UN Chief Says On International Day Of Indigenous Peoples

In his message marking the International Day of the World’s Indigenous Peoples, the UN chief called for ending the “grievous inequalities” affecting these communities.

‘Profound disparities’

“Indigenous peoples around the world continue to face overwhelming marginalization, discrimination and exclusion,” he said.

“Rooted in colonialism and patriarchy, these profound disparities are sustained by a deeply held resistance to recognizing and respecting the rights, dignity, and freedoms of indigenous peoples.”

There are more than 476 million indigenous living in some 90 countries worldwide, representing just over six per cent of the global population.

They have a special relationship with their lands and reflect a vast diversity of unique cultures, traditions, languages and knowledge systems.

Bitter history

The Secretary-General recalled that throughout modern history, indigenous people have been robbed of their lands and territories, and much more. In some cases, they have been robbed of their own children.

Some have also been stripped of political and economic autonomy, while their cultures and languages have been “denigrated and extinguished”.

Mr. Guterres noted that in recent months, the world has again learned about some of the horrors indigenous communities faced at the hands of colonizers.

“Some nations have begun to address this heinous legacy through apologies, truth and reconciliation efforts, and legislative and constitutional reforms.  But much more needs to be done,” he said.

Restoring rights

“We need a new social contract – one that restores and honours the rights, dignity and freedoms of those who have been deprived of so much for so long.  Central to this must be genuine dialogue, interaction and willingness to listen.”

The Secretary-General pointed to the 2007 UN Declaration on the Rights of Indigenous Peoples, and the outcome document of the World Conference on Indigenous Peoples held seven years later, as the “tools” to bring about the new social contract.

“There is no excuse for denying the world’s 476 million indigenous peoples self-determination and meaningful participation in all decision-making,” he said. “Free, prior and informed consent is central for indigenous peoples to exercise their own vision of development.”

Celebrate indigenous wisdom

Additionally, even though recognition of the importance of indigenous knowledge grows, particularly in relation to solving global challenges such as the climate crisis and preventing emergence of contagious diseases, the UN chief stressed that this knowledge must be owned and shared by indigenous communities themselves.

“On this International Day of the World’s Indigenous Peoples, let us show true solidarity by working to end the grievous inequalities of indigenous peoples worldwide, to fully recognize the abuse they have endured, and to celebrate their knowledge and wisdom,” he said.

Inclusive pandemic recovery

Relatedly, while the COVID-19 pandemic has exposed and exacerbated inequalities affecting people worldwide, a UN independent expert warned that even recovery efforts are having some negative impacts on indigenous communities.

Special Rapporteur José Francisco Cali Tzay said economic recovery measures have prioritized and supported the expansion of business operations at the expense of indigenous peoples, their lands and the environment.

“To avoid making the situation even worse, I urge States to involve representatives, leaders and traditional authorities of indigenous peoples, including those living in urban areas, in the design and implementation of recovery policies,” he said.

Mr. Cali Tzay further urged governments to support solutions which put indigenous peoples’ rights to self-determination and land at the core of post-pandemic recovery efforts, in line with 2007 UN Declaration.

Special Rapporteurs and independent experts are appointed by the UN Human Rights Council in Geneva. They operate in their individual capacity and are neither UN staff, nor do they receive a salary from the Organization.

History of World’s Indigenous Peoples Celebrating Day

History of World’s Indigenous Peoples Celebrating Day

Introduction

According to the United Nations, there are about 476 million indigenous people which is about 6.2% of the world population living in around 90 countries. According to the census statistics in 2013, the population of indigenous people in Cambodia is 183,831 which is about 2.5% of the total population. There are about 24 ethnic/tribal groups living in 15 provinces such as Ratanakiri, Mondulkiri, Stung Treng, Kratie, Kampong Thom, Preah Vihear, Pursat, Battambang, Uddar Meanchey, Banteay Meanchey, Thbongkmum, Koh Kong, Kompong Speu, Siem Reap, and Sihanoukville. The indigenous people have a very close connection and strong beliefs in the spirits of the soil, water, rivers, mountains, forests, etc. The way of living of each indigenous group is very similar. For instance, they all do shifting cultivation, raising livestock, hunting, and fishing. They also rely on natural resources such as wild vegetables, honey, herbal medicines, and wild rubbers which can be used in their household or sold at the market.

On 23 December 1994, the United Nations General Assembly decided, in its resolution 49/214, that the International Day of the World’s Indigenous People shall be observed on 9 August every year. This resolution is in line with the International Decade on the World’s Indigenous Peoples and is designated today as a reminder of the first meeting, in 1982, of the United Nations Working Group on Indigenous Peoples in Geneva, Switzerland. After the conclusion of the first international decade on the World’s Indigenous People (1995-2004), the General Assembly declared Resolution 174 dated 20 December 2004 to have the Second International Decade on the World’s Indigenous Peoples (2005 -2015), which aims to further strengthen international cooperation for solving problems facing indigenous peoples in areas such as culture, education, health, human rights, environment, and social and economic development.

After 25 years of struggle and sacrifice, the 63rd General Assembly of the United Nations on 13 September 2007 voted in favor of the United Nations Declaration on the Rights of Indigenous Peoples. 143 countries, including Cambodia, voted in favor. Four other countries voted against, including the United States, Canada, Australia, and New Zealand.

In Cambodia, the government has enacted laws, sub-decrees, policies and ratified a number of international laws and documents recognizing and protecting the rights of indigenous peoples, including:

Constitution of the Kingdom of Cambodia 1993 (Article 31)
Land Law 2001 (Articles 23 to 28)
Forestry Act 2002
Sub-Decree No. 83 on Procedures for Land Registration of Indigenous Communities June 09, 2009
Policy on Registration and Land Use Rights of Indigenous Communities in the Kingdom of Cambodia (April 24, 2009)
National Policy on Indigenous Peoples Development (April 24, 2009)
ILO-Convention 111
United Nations Declaration on the Rights of Indigenous Peoples (2007) (UNDRIP)
Sustainable Development Goals (SDGs)

History of International Day of Indigenous Peoples in Cambodia

Cambodia celebrated the first international day of indigenous people in 2005 in Phnom Penh, and it was celebrated from then till now for 10 years. On August 3, 2006, the Cambodian government, through the Office of the Council of Ministers, issued Notification No. 1205, dated by Samdech Akka Sena Moha Padei Techo Hun Sen, Prime Minister of the Kingdom of Cambodia on July 31, 2006, to authorize the organization of the 12th International Day of Indigenous Peoples at the international level and the 2nd in Cambodia.

Since then, the international day of indigenous peoples has been celebrated every year in the provinces and cities of Cambodia, especially the provinces that have an indigenous population as described below:

1st and 2nd in Phnom Penh, 3rd in Ratanakkiri, 4th in Pursat, 5th in Mondulkiri, 6th in Siem Reap, 7th in Stung Treng, 8th in Kampong Cham, 9th in Kampong Cham 10th Sihanoukville in Kratie, 11th in Koh Kong, 12th in Kampong Speu, 13th in Kampong Thom, 14th in Preah Vihear, 15th in Ratanakkiri and 16th in Oddar Meanchey.

Noted that after the 8th celebration in 2013, the local communities had taken ownership to organize this the international day of indigenous peoples for the first time in 3 different villages/communes across Cambodia which has about 400 participants. Since then, the number of participants and celebrating places has increased rapidly. By 2019, the celebration of the international day of indigenous people has taken place in about 45 communities with 6000 participants.

2021 is the 27th international day of indigenous People in the world, and the 17th in Cambodia under the theme, “Leaving no one behind: Indigenous Peoples and the call for a new social contract”

Due to the outbreak of COVID-19 in Cambodia, and to contribute to the government in preventing the spread of this disease, the indigenous peoples of Cambodia are virtually celebrating this day via Zoom.

As mentioned above, we would like to invite His Majesty, Excellencies, Lok Chumteav, Neak Oknha, Ladies and Gentlemen, especially the government representatives of Cambodia, the representatives/ambassadors, NGOs and the private sector in Cambodia to join us in celebrating the International Day of Indigenous Peoples on August 9, 2021, from 8 am to 5 pm in order to raise awareness of cultural traditions and recognition of indigenous peoples’ rights in Cambodia.

Translated from the Khmer version by Soy Pisey

Preah Vihear Land Dispute Residents Say Local Authorities Conspired with Chinese Sugar Company

This article is translated by Google Translate from the Khmer version, original source available at: https://www.rfa.org/khmer/news/land/land-dispute-residents-in-preah-vihear-province-say-local-authorities-conspired-with-chinese-sugar-company-08022021115156.html?fbclid=IwAR2ZWX_KFcYpez4XZKPxdhvUIWWIRuNbgTh1xVkzfoYUD5k4ygPBjbhpkIg

Hengfu Group Sugar Industry has been out of production for more than two years, but three indigenous people live in the district from thousands of families have yet to receive a proper solution from state authorities. Villagers say the main reason for the ongoing land dispute is because the authorities conspired with Chinese companies to rent the disputed land to the outside people farming for thousands of hectares.

Indigenous people living in three districts, Tbeng Meanchey, Chey Sen and Chep, are still shouting for justice to demand their farmland. Lost to return so that they have farmland, plantations to grow crops for a living. Villagers regret authorities delaying land dispute resolution And.

Indigenous Kuay resident of Premre commune, Tbeng Meanchey district, Ms. Huot Maly is very desperate for the authorities who do not pay attention to address their concerns. Villagers who have suffered for years due to Chinese company encroachment on farmland since 2013 The solution at all. She confirmed that the 30-hectare farmland of the parents of the female family, which has been cultivating for generations, was cleared by the Chinese company. Sugarcane for almost 10 years.

The 48-year-old added that local authorities have always protected Chinese companies and conspired to lease the disputed land to incoming residents. New, worth 300,000 riel per hectare: “Even if there is no forest, as long as there is land removed from some companies I can replant trees to herd cows. When we complained to the authorities, he shouted that if we did it on Chinese soil, if China did it, he would not be responsible because the people did it. On their land by anarchy, do not rent them.

Mr. Soeun Tha, President of Bresakak Village Association, Mlou Prey 2 Commune, Chhep District, urges local and national authorities to intervene and find solutions for the people. Transparent. He said that if the authorities still refuse to resolve the land dispute, the indigenous people will continue to shout and expose the injustice. Finish. Moreover, all the actions of the people who dare to protest, even though he knows that the authorities are persecuting and threatening innocent people, the villagers do not give up. . He considered the farmland that the Chinese company encroached on as their life: “When we went to grow crops, the company threatened to seize it. We are in prison and the authorities will not let us do it because he said that this land is the land of the company and if we got this land in the past “After the cultivation, a company came to clear it.”

RFA tried to contact Preah Vihear Provincial Hall spokeswoman Yong Kim Hoeung and Ministry of Agriculture spokeswoman Vuthy, but the call went unanswered.

As for the ruling party spokesman, Sok Isan, he said that there was no basis for the land dispute to be political and that he accused the indigenous people. Those minorities are insurgents against local authorities. He said that if there is a land dispute, the provincial authorities will not stand by and watch these people suffer because the authorities have a role. Serving the people: “The authorities belong to the state and the people, if the authorities do not address the people, you have a valid reason, especially in the case of forest land Well, the people are not all good.

In this regard, civil society sees Mr. Isan’s remarks as not a mechanism for finding a peaceful solution to alleviate his suffering. No citizens. They observe that the indigenous Kuay people involved in land disputes often protest non-violently to demand land that the Chinese sugarcane company Abused, but government authorities often accuse them of associating with the opposition.

Ponlok Khmer executive director Pek Sophoan said authorities were unwilling to resolve the land dispute. The civil society official urged the government to release the poor people who have been suffering for many years. Resolve this chronic dispute fairly to its citizens so that they can have access to farming on their land as before Because of the disputed land, the company has suspended operations. He stated that the excuse to accuse and accuse the land dispute is a political issue, not a mechanism to find a solution for citizens in accordance with the policy of No government: “This is a conflict of interest because the authorities received bribes from the giants, even though the company does not operate, but the authorities Some also have land in it. Therefore, it is not possible to resolve land disputes, people hand over the community living around there.

Meanwhile, Preah Vihear provincial ADHOC Coordinating Officer Lor Chan said that the land dispute, the authorities not only did not find justice for the people. Instead, he threatened to persecute the people who exercised their land rights. He said that the disputed land was partially stolen by the authorities and sold to traders, angering the people. Therefore, he called on the head of government to expedite the settlement of this issue, if prolonged, it will increase the complexity and the people will be more miserable: Only the government can confiscate this land and give it to the people, the real victims because I do not trust the lower authorities The nation is not willing to solve for the people. If he is, he will not last 10 years. ”

Hengfu Group Sugar Industry Concession Company has received investment rights from the government on more than 40,000 hectares (42,000 hectares) since 2011. Sugarcane and rubber crops. The company is the parent company and has five subsidiaries. The company’s investment has affected about 2,000 indigenous families with about 10,000 people in the village. 25 communes, 10 districts and 3 districts: Chey Sen, Chep and Tbeng Meanchey districts. NGO Forum on Cambodia and a number of partner organizations found that a Chinese company was clearing people’s farmland Clearing water sources, which are natural waterways rich in live fish and clearing the land of 4 ancient temples and Other ancient sites.