The E-Sak Ka Ou Declaration calls attention to the key role of Indigenous peoples to (as well as the challenges they face from) climate change mitigation and biodiversity conservation programs.
A word meaning ‘gill of the manta ray’ and released ahead of COP28 last year by Asian Indigenous leaders, the E-Sak Ka Ou Declaration is a reminder of what remains undone toward upholding the rights of Indigenous communities.
Commitments at the global level to recognize Indigenous knowledge and protect communities’ rights must also be reflected in regional and national policy frameworks, a new op-ed argues.
This post is a commentary. The views expressed are those of the author, not necessarily Mongabay.
An international organization accrediting global forest conservation projects has opened an investigation into the Southern Cardamom REDD+ project run by the NGO Wildlife Alliance and the Environment Ministry.
The government has permitted private firm Focus Trans Global Venture Co Ltd (FTGV) to study the construction of a new airport in Mondulkiri province, northeast of Cambodia, as well as invest in a build, operate and transfer (BOT) model, the Office of the Council Minister said on January 9.
Many of the Indigenous communities in Cambodia are primarily concentrated in the northeastern region of the country, areas which were previously covered by dense forest.
These Indigenous peoples identify as descendants of forest caretakers and have lived on their ancestral lands for thousands of years. Throughout this time, Indigenous communities have maintained strong ties with the forests in which they live through vibrant spiritual and cultural practices.
These Indigenous peoples have traditionally managed almost 4 million hectares of land and still rely heavily on traditional methods for hunting forest animals, harvesting non-timber forest products, including collecting honey and resin, and conventional rotational slash-and-burn rice farming methods.
Indigenous communities engage in a non-capitalist and non-competitive economy. Indigenous food production and livelihood maintenance methods have gone hand in hand with protecting the forests, mountains, lakes, and rivers that these communities honour as spirit gods and sacred places.
A group of Indigenous youth in a tree-ordaining ceremony
When it comes to the future of Cambodia’s forest management strategies, we should look to Indigenous-led, community-based methods, not just because these methods are suitable for the well-being of these communities, but also because these methods have proven time and time again to be better for the health of our forests.
The status quo
Over the past decades, Cambodia has adopted a range of national laws that relate to land management and recognition of Indigenous communities, including the 2001 Land Law, the 2002 Law on Forestry, the 2008 Protected Area Law, the 2009 Sub-decree No 83 on procedures of registration of land of Indigenous communities, and other international conventions that Cambodia has ratified as well as voting in favour of supporting the United Nations Declaration on the Rights of Indigenous Peoples .
Nevertheless, at the same time, under these legal frameworks, much of Cambodia’s forested areas have been carved up by economic land concessions (ELCs) granted by the government to foreign and domestically-owned private companies in various sectors. Under the 2001 land law, these companies could lease up to 10,000 hectares for up to 99 years. Human rights monitor Licadho states that at least 297 local and international agri-business companies have been granted ELCs covering more than 2.1 million hectares of land.
The companies that have obtained ELCs have used the land for a variety of purposes: for agriculture, for hydropower construction, for mining operations and more. Many of these projects have been carried out in traditional Indigenous territories and natural resource hubs, including sites considered culturally significant and sacred by these communities.
Research found that these ELCs have had an outsized impact on deforestation. Although ELCs contained roughly 16 percent of Cambodia’s forest cover as of 2016, forest loss within ELC boundaries accounted for nearly 30 percent of the country’s total forest loss.
The loss of this land has had negative consequences for these Indigenous communities, threatening Indigenous sources of income, causing landlessness and, perhaps most significantly, leading to the loss of religious practices.
In 2012, Prime Minister Hun Sen issued an immediate and indefinite moratorium on new land concessions and promised a full review of existing ELCs.
Despite this moratorium, new ELCs have been granted as of 2022, one to a local tycoon’s company for 4,000 hectares and another that appears to comprise more than 9,000 hectares to Korean company Horizon Agriculture Development Co. in Steung Treng province. While it is still being determined what company oversees this land, satellite imagery shows that large chunks of forest in this ELC have been cleared since the land was signed over.
Forest and rights advocates have long argued that these ELCs are not just damaging in terms of their impact on the livelihoods and ways of life for local communities and in terms of the conflict they create but that they do not deliver on their economic development promises, not generating nearly enough financial benefit to offset the environmental and social costs they generate.
There is a better way.
It is still possible to restore the rights of Indigenous communities while saving this land’s biodiversity, ecosystems, and forests. The best path forward is to expedite communal land registration for Indigenous peoples and to enforce these rights on the ground. These significant steps will also pave the way for the Kingdom to move closer towards reducing greenhouse gas emissions, limiting global warming below 1.5 degrees Celsius as stated in the Paris Climate Accords (2015) and enabling Cambodia to reach the Sustainable Development Goals by 2030.
Communal land tenure works
Communal land recognition is of the utmost importance for the health and well-being of Indigenous peoples. This system forms a significant part of what enables these communities to keep their cultures alive.
Nevertheless, it is also crucial to note that Indigenous land management systems have the potential to be transformational when it comes to protecting this country’s forests. Research around the globe has found that this type of forest management—decentralized and in the hands of local communities—has been incredibly successful at enabling forests to thrive.
There are various reasons why this type of forest management is particularly effective. Indigenous cultural and ecological knowledge is central to these reasons, rooted and intertwined with Indigenous religious practices. This knowledge translates to better outcomes for forests.
“Indigenous and tribal peoples’ traditional knowledge about fauna and flora and their uses, pests and diseases, fire, climate, and soils, and how these elements respond to human practices, contribute greatly to forest management, use, restoration, and monitoring, and adaptation to new situations,” FAO explains.
Alternatively, even more simply, “People who spend more time in the forest and know how to get greater benefits from them take care of them better.”
Community management of forests elsewhere has also proved successful. Recently releasedresearch in Nepal, made possible by remote sensing technology from NASA [U.S. National Aeronautics and Space Administration], found that a 1993 legislation that handed over management and user rights of forests to community forest groups has since led to a near-doubling of forest cover in the country, from 26 percent to 45 percent.
“Once communities started actively managing the forests, they grew back mainly due to natural regeneration,” said Jefferson Fox, the principal investigator of the NASA Land Cover Land Use Change project.
As of 2021, 34 percent of Nepal’s forests were managed by more than 22,000 community-forest user groups. Under the rules set out by Nepal’s legislation, local forest rangers work with community groups to develop plans to manage the forests. Local communities have created projects that allowed the extraction of resources from the forests, like fruits and traditional medicines, and allowed the sale of non-timber forest products. Community members were also empowered to protect forests through local forest patrols.
At the same time, Nepal has shown that natural forest protection can be parlayed into significant economic outcomes, partly through financing initiatives tied to the health of the country’s forests. One project linked to sustainable forestry in Nepal has the potential for up to $45 million in support and another $24 million.
Strengthen Law Enforcement on the Ground
In Cambodia, Indigenous community members have long been participating in and advocating for greater control over forests to carry out their vision of sustainable forest management. However, so far, Indigenous-led forest protection initiatives have often had to take place in an unofficial capacity.
For example, Indigenous community members participate in unofficial patrols of their home forests to prevent illegal logging and fire.
Ruos Lim, a Kuy Indigenous leader from Chom Penh forest, part of the 242,500-hectare Beng Per Wildlife Sanctuary, told Mongabay, “Day and night, we will lead our children and grandchildren to protect our livelihoods from all intruders,” adding later in the conversation, that “[i]n reality, we are the only active patrollers here.”
While Indigenous communities technically have access to legal, communal land titles through the 2009 Sub-decree No. 83 on registration procedures of indigenous communities, in reality, it is not that simple. The road to the collective land registration process can be complex, lengthy and expensive. From 2011 to 2021, only 33 communal land titles have been granted to 33 indigenous communities of a total of 458 Indigenous communities.
It is also important to note that the Indigenous communities are not the only groups impacted by land and forest loss. Aid groups estimate that more than 770,000 people have been involved in land conflicts between 2000 and 2014 alone. This estimate may not even include communities struggling with long-standing land disputes, such as those in Mondulkiri, Ratanakiri and Preah Vihear provinces.
Cambodian laws and the court system have provided few opportunities for relief, causing Indigenous communities to lose hope in judiciary-based and state-based solutions. “We cannot depend on the law; it is too slow,” says Kuy Indigenous leader Ruos Lim.
To guide Cambodia on a more sustainable track, the Ministry of Land Management, Urban Planning, and Construction should expedite collective land registration for Indigenous communities and act in accordance with Prime Minister Hun’s recommendations made in December 2022 during the Ministry of Land Management’s annual meeting regarding a complete land registration system.
Second, the Ministry of Environment should expand the protected areas in Indigenous territories and allocate more funding to support the protection of these forests. The Royal Government of Cambodia should incorporate culture, ecological knowledge and spiritual belief into law, policies and decentralized forest control with communal land managed by indigenous communities.
Finally, legal systems must strictly adhere to court procedures and ensure that the Land Law and ELCs Sub-degree are used to deliver justice and compensation for Indigenous communities. By doing so, Cambodia’s forests will flourish, Cambodia will be less vulnerable to climate change, and Indigenous peoples will have access to prosperity, happiness, and forest stability for generations to come.
Rithy Bun is a research fellow at Future Forum and has many years of experiences working with indigenous communities
Several of the extreme climate events throughout the world in the past year have spurred a sense of urgency among Indigenous communities who are the first to be affected.
Carbon markets, a popular mechanism used by global businesses and countries to offset their emissions, have been on the table during negotiations at the United Nations COP28 Climate Change Conference.
In a year that has seen carbon markets under growing scrutiny due to reports of alleged scams revealing that only a handful of emissions were offset instead of the massive amounts projected, Indigenous communities at the conference which ended this week were eager to be heard on how these could work.
Today, there are an estimated 470 million indigenous peoples who live across ninety countries in the world. It makes up less than five percent of the world’s population. There are more than 7,000 languages and five thousand diverse cultures among indigenous groups.
According to NRDSESIP Data, Cambodia is one nation that has almost twenty-two groups of indigenous peoples, equal to 1.34% of the Cambodian population, which covers sixteen provinces in this country.[1]
The livelihood systems of Indigenous communities predominantly hinge upon the utilization of land, forests, and various other natural resources. The practice of shifting cultivation, also known as rotational farming, holds significant cultural and economic importance for the community. Unfortunately, this traditional livelihood system has been steadily declining due to various factors. Among these factors, the denial of their rights to access and utilize land, particularly their ancestral land, which serves as their primary resource, stands out as a significant contributor.
Why is land important to Indigenous peoples?
Indigenous lands refer to territories that have been historically inhabited or used by indigenous peoples, often characterized by their cultural, spiritual, and economic connections to the land. These lands hold immense significance as they are not just physical spaces but also repositories of ancestral knowledge, traditions, and sustainable practices that have been passed down through generations, fostering a deep sense of identity and belonging for indigenous communities.
Indigenous communities safeguard 80% of the world’s remaining biodiversity, and forests on their land are better maintained. 36% of the world’s remaining intact forests are on indigenous Peoples’ lands, according to the World Bank’s article. (Fiji’s Emalu Tribal Chief, Lemeki Toutou., 2023.)
How do Indigenous peoples connect to their land?
The connection between indigenous communities and their land is deeply rooted in their cultural, social, and spiritual identity. “Land is most important to indigenous life because it is connected to land and forests, especially our collective land, which our ancestors remained on for us,” Community’s Committee Chair Choeut Chhorn says.
Land and Economic Development: Land provides them with diverse resources for their livelihood and needs. It is the traditional way that land brings them opportunities for hunting, fishing, and agriculture. According to the Asian Development Bank, most indigenous farmers in the northeast are based on agriculture production, wetland rice cultivation, pig and gathering food from the forest, hunting, and fishing.[2] All of these are helping them do their farming so they can survive their lives.
Land links to culture: Land holds significant value for humans, especially indigenous peoples, for many reasons. Land has a deep impact on their cultural and spiritual identity in their community. Indigenous peoples recognize their land as the main resource of value in the environment. The land provides material resources like food and also supports the mind and spirit of the community. [3] Moreover, their beliefs, cultural systems, and ways of living are linked to their own land.[4]
Land toward sustainable development: Land systems are the heart of many global sustainability challenges, from carbon emissions to biodiversity loss and wealth inequality. Indigenous peoples have a deep understanding of the land and ecosystems. They are practicing sustainable land management and conservation techniques that help protect biodiversity and mitigate climate change.
Additionally, land is meaningful to indigenous life due to the fact that land and forest are identities to protect their self-determination, cultures, and relationships between indigenous groups and land, which are complex and multifaceted. Land forest protection is really important to maintain biodiversity, mitigate climate change, and preserve human lives on the planet.
What are the challenges of land protection?
When indigenous peoples lose their lands or forests, they will face numerous challenges that impact their communities and ways of life. Losing land can mean losing lives, Laura Notess’s article posted in 2018.
Mrs. Pleuk Phearom expresses a valid concern about the potential consequences of losing land. For indigenous peoples, the loss of land is not just the loss of a physical space; it signifies the loss of their way of life, traditions, and collective heritage. Without land, indigenous communities face the risk of losing their identities and cultural practices that have been passed down through generations. The phrase “No Land, No Life” powerfully encapsulates the sentiment that the survival and well-being of indigenous peoples are intrinsically tied to the land they inhabit.
Therefore, if the indigenous peoples lose their land, it can have negative effects on their livelihoods, increase conflicts, loss of self-determination, loss of identity and custom, and almost loss of biodiversity and climate change to the world as well.[5] Losing land is like losing everything to them, as well as their traditional knowledge and practice of their belief in forests and ancestors.
Development and Investment: Indigenous peoples in Cambodia have lived on their ancestral land for thousands of years. However, their land conflict and land loss emerged because most of their lands were granted to private industrial agriculture companies by the government. Based on LICADHO, the government has since granted these economic land concessions (ELCs) to 297 local and international companies involving more than 2,1 million hectares for large-scale industrial agriculture, while the majority of these granted lands are home to indigenous peoples whose human rights are deeply ingrained in lands.[6]
The loss of the mountain is akin to losing their faith, beliefs, and indigenous identity. When indigenous communities lose their identity, it is a loss to the Cambodian national heritage. The next generation might not know what their identity is, Heng, a Community Representative of Bunong people said.[7]
Collective Land Title Challenges: RGC’s Forest Law of 2002 and Land Law of 2001 recognize indigenous peoples’ traditional use of land, and the latter allows indigenous peoples to apply for community land titling (CLT). However, the process for obtaining these titles is burdensome and slow. This has left many Indigenous communities without certainty and security for many years. There are 458 Indigenous communities in Cambodia, but only 40 have received titles.[8] Besides, the process still has complicated requirements for obtaining CLTs due to the limitations on the size of the land enshrined in law.[9]
Amendment to Law related to Indigenous Peoples: Even though the Cambodian government has made a commitment to law and policy related to indigenous peoples, it has currently drafted an amendment that removes mention of Indigenous Peoples and changes it to “Local Communities,” an alteration that denies them their rights under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). More than this, the government failed to strategically involve Indigenous people in the amendment process.
How to ensure the protection of indigenous forests and land
The consideration of legal and policy measures is crucial to ensuring the protection of Indigenous forests and land.
It is imperative that the laws and policies in place incorporate provisions for the acknowledgment and integration of Indigenous traditional knowledge in the preservation and conservation of biodiversity within forested areas and land. Furthermore, it is crucial to acknowledge the significant economic advantages that can be obtained through the sustainable management of indigenous forests and land.
Indigenous representatives from different provinces read the statement on their concerns regarding IPs-related laws at the National Consultative Workshop in Siem Reap (Photo by CIPA)
Ratification of international conventions and agreements is one of the effective protection measures to which the government should pay attention.
These agreements and conventions, such as the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on Biological Diversity, serve as important frameworks for recognizing the unique cultural and ecological contributions of Indigenous Peoples and ensuring their voices are heard in decision-making processes. By upholding these international commitments and working closely with Indigenous communities, we can work towards a more inclusive and sustainable approach to environmental governance that respects and preserves the rights and knowledge of Indigenous Peoples.
The need for strong legislation and enforcement is crucial in order to effectively protect the rights and knowledge of Indigenous Peoples. Without robust legal frameworks, there is a risk of their rights being overlooked or violated, and their valuable contributions to cultural heritage and environmental stewardship being undermined. Additionally, enforcement mechanisms are necessary to hold accountable those who disregard the rights and knowledge of Indigenous Peoples, ensuring that their voices are not only heard but also respected and acted upon in decision-making processes in adherence to the Free, Prior, and Informed Consent (FPIC) principle in all processes of development and other matters relating to them.
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References:
[1] MOI/MRD. (2021) “National Report on Demographic and Socio-Economic Status of Ips in Cambodia.” Retrieved from: CIPO
The leaching ponds at Late Cheng’s mining site in Sochet commune, Kampong Thom province, pose a contamination threat to the waterways inside Prey Lang Wildlife Sanctuary. Image by Gerald Flynn / Mongabay.
KAMPONG THOM, Cambodia — “The company operates as they please. We’ve asked the authorities for help, but they won’t do anything for us,” said Bunnarith*, a lifelong resident of Snang An village in the densely forested province of Kampong Thom. “The people living in Snang An live here in misery.”
Navy Koeung and Kimheak Chhay at COP28. Kiripost/Via WCS
Navy Koeung has become the first Bunong to address global leaders and high-ranking decision makers when she highlighted the benefits of carbon finance in forest conservation at COP28.
On Sunday, Navy, who lives in Keo Seima Wildlife Sanctuary, took to the stage at the UNFCCC’s 28th Conference of the Parties (COP28), which is this year hosted in the UAE, to put forward her case.
While Indigenous peoples comprise just 6% of the global population, they manage or have tenure rights over at least 38 million km2 in some 87 countries. In many places Indigenous peoples are effective custodians of biodiversity, lands, and seas while sustaining distinct cultural, social and economic values of their communities. Upholding the rights of these communities is therefore increasingly at the center of international climate and biodiversity commitments and agreements.
The Environment and Natural Resources Code officially passed into law last month, but the term “indigenous” has been removed from key sections, leaving indigenous communities concerned that the code undermines their rights.
