Campaign – Page 2 – The Voices of Indigenous Peoples in Cambodia

Why is the UPR process important for Indigenous Peoples in Cambodia?

The UPR process is a peer-review mechanism of the UN Human Rights Council, where each UN member state is examined on its human rights situation every four to five years. The review is based on three documents: a report by the state, a report by the UN, and a report by other stakeholders, such as civil society and indigenous peoples’ organizations. The state receives recommendations from other states and has to report on their implementation. The UPR aims to improve the human rights situation in each country and foster cooperation.

For indigenous peoples in Cambodia, the UPR process is an important opportunity to raise their concerns and challenges regarding their collective rights to land, territories and resources, as well as their cultural identity, education, health, and participation. Indigenous peoples in Cambodia face various threats to their livelihoods and well-being, such as land grabbing, deforestation, mining, hydropower projects, and discrimination. They also lack adequate legal recognition and protection of their status and rights.((https://upr-info.org/sites/default/files/documents/2018-12/js1_upr32_khm_e_main.pdf))((https://www.upr-info.org/en/review/cambodia))

By engaging in the UPR process, indigenous peoples in Cambodia can:

– Provide alternative information and perspectives on the human rights situation of indigenous peoples that may not be reflected in the state or UN reports.
– Advocate for specific recommendations to address the gaps and challenges in the implementation of the existing laws and policies related to indigenous peoples’ rights.
– Monitor and follow up on the progress and challenges of the state in fulfilling its human rights obligations and commitments towards indigenous peoples.
– Build alliances and networks with other stakeholders, such as civil society organizations, human rights institutions, UN agencies, and diplomatic missions, to support their advocacy efforts.
– Raise awareness and visibility of their issues and demands at the national and international levels.

Some examples of the achievements of indigenous peoples’ engagement in the UPR process in Cambodia are:((https://www.upr-info.org/en/review/cambodia))

– In the first cycle of the UPR in 2009, Cambodia accepted 91 recommendations, including one on ensuring the rights of indigenous peoples to land and natural resources.
– In the second cycle of the UPR in 2014, Cambodia accepted 205 recommendations, including 11 on indigenous peoples’ rights, such as strengthening the legal framework for communal land titling, ensuring free prior and informed consent, respecting cultural diversity, and promoting indigenous peoples’ participation.
– In the third cycle of the UPR in 2019, Cambodia received 198 recommendations, including 13 on indigenous peoples’ rights, such as accelerating the process of communal land titling, protecting indigenous peoples from land grabbing and forced evictions, ensuring access to quality education and health services, and preventing violence against indigenous women and children.

Environmental code approved 60-0 by Senate

The Senate convened a meeting to examine a draft environment and natural resources code on June 13. The code was approved unanimously, with a 60-0 vote.

The 10th session of the 4th-mandate legislature was chaired by president Say Chhum. A social media post from the body, released the same day, explained that the draft code included provisions and regulations related to the Kingdom’s environment and natural resources.

Read the full article at: Environmental code approved 60-0 by Senate | Phnom Penh Post

Analysis of Articles and Implementation Concerns over the Protected Area Draft Law

Download full analysis of each article: Khmer English

Conclusion

About Indigenous Community and Local Communities

The Law on Protected Areas, 2008, contains the words indigenous peoples and indigenous communities in Article 4, Article 6, Article 11, Article 18, Article 21, Article 21, Article 22, Article 25, Article 26, Article 27 and Article 31. The law also uses the term local community. The words indigenous peoples and indigenous communities are not found in the new draft law on protected lands. Articles that used to include the terms indigenous peoples and indigenous communities have been removed or no longer used in this law, whereas the terms indigenous communities have been retained and drafted. According to a presentation by the Ministry of Environment’s technical team, the word community refers to a group of people, including indigenous peoples. The word “local community” refers to people who live in or near protected areas and are recognized by local authorities, according to the Glossary of the Draft Law on Protected Areas.

The term local community is unobtrusive to indigenous peoples, but it cannot be defined, integrated, or joined with the term indigenous communities because indigenous communities and local communities are clearly different because indigenous communities have different origins, ethnicities, languages, societies, cultures, and traditions. The practice of subsistence with direct interaction with land and natural resources, in particular, differs from that of other local groups that are not indigenous cultures. Indigenous communities are a group of people who have lived on Cambodian territory since their ancestors were born, with all members expressing ethnic, social, cultural, economic, and traditional practices on the property that it occupies in accordance with the communal use rules. As a result, local and indigenous communities are extremely different. All members express ethnic unity, traditional rules, language, knowledge, beliefs, traditions, and faiths that are strongly tied to forests, land, natural resources, and permanency.

About agricultural practices, shifting plantations or rotational plantations:

Article 24 of the 2008 Law on Protected Areas forbids rotational plantations in the core zones and protected areas, the same as point 9 of Article 7 of this draft law.

The draft amendment to the Law on Protected Areas clearly states that the operation of plantations in the core zone of the protected area is not allowed (point 9, article 7). As a result, neither of these two laws contains an article that explicitly recognizes or permits the operation of shifting or rotational plantations in the context of sustainable use.

Article 37 forbids the release of animals and the hunting of dogs, among other rights, and Article 64 makes it a level 1 natural resource infraction. The right to use fire or cause wildfires, as well as other rights, is prohibited under Article 37 and is punishable as a level 2 natural resource offense under Article 66. This demonstrates that this law does not respect, recognize, or guarantee the protection of family and traditional occupations, as set forth in Convention No. 111 on Discrimination in Labor and Occupation and International Human Rights Standards, as well as others that the Kingdom of Cambodia has ratified and voted for.

Article 22 (Effective) The State recognizes and guarantees the right of local communities and indigenous peoples living in protected areas to use their traditions, customs, and religious beliefs. Article 23 (Draft) The State recognizes and guarantees the right to traditional use, customs, and religious beliefs of local communities living in protected areas. The word indigenous appears at least once in the current article, but not once in the draft article. In addition, these two paragraphs and other articles do not provide for the regulation of the right to utilize the traditional practices, religious beliefs of indigenous and local communities, such as the granting of title rights to these sites. This draft law also lacks procedures and measures to address accountability principles in good governance. When the right to enjoy, beliefs and religions of any indigenous people is affected. Example: Article 22 (in force) or Article 23 (draft) states that ” the State recognizes and guarantees the right to use in the form of ” traditions, customs, religious beliefs of local communities and indigenous peoples living in protected areas. ” Unfortunately, this law does not provide for the mandate of any level of state organization to control those rights (non-ownership) in any level of administrative system, notably at the commune, sangkat or district level that is close to the people and indigenous peoples.

This draft law contains no articles that recognize the claims or indications of actual location, size, type of use, enjoyment, religion, and worship for the registration of collective land ownership (ownership rights) and other registrations that do not belong to immovable properties.

The existing law and draft also do not include any sections that recognize indigenous peoples’ traditional judicial management systems or dispute resolution procedures, as required by paragraphs 34 and 40 of the United Nations Declaration on the Rights of Indigenous Peoples. In accordance with this right, this law makes no provision for the right of indigenous communities to act as judicial police to oversee the management of their natural resources, economy, society, and culture, as well as to prevent sub-national administration officials from being corrupted.

Not only that the law is still in force and the draft does not have any article on the right to self-determination, the right and the consultation mechanism to provide accurate and sufficient information in advance, have enough time and get free collective consensus. According to the United Nations Declaration on the Rights of Indigenous Peoples, there are three articles on the right to self-determination, ten articles, eleven articles, nineteen articles, and twenty-eight articles on free consent and prior notice.

Article 25 (Draft) does not grant indigenous peoples the right to self-determination as a community protected area, and Article 28 does not grant the community the right to self-determination in the management, use, and enjoyment of natural resources by themselves, but does require community planning in accordance with the provisions of this law and the national plan, in violation of Articles 3 and 4 of the United Nations Declaration on the Rights of Indigenous Peoples.

Because the proposed law on protected areas does not acknowledge and defend indigenous peoples’ customary rights, as evidenced in Article 55 and this conclusion, the consultation opted to elevate the input as outlined above.

Download full analysis of each article: Khmer English

International Day of the World’s Indigenous Peoples 2021

Each year, 9 August commemorates the International Day of the World’s Indigenous Peoples. It is celebrated around the world and marks the date of the inaugural session of the Working Group on Indigenous Populations at the United Nations in 1982.

As part of the commemoration, the Indigenous Peoples and Development Branch – Secretariat of the Permanent Forum on Indigenous Issues/DISD/DESA is organizing a virtual event. Indigenous Peoples, Member States, UN entities, civil society, and the general public are all invited.

The 2021 commemoration of the International Day of the World’s Indigenous Peoples will focus on the theme “Leaving no one behind: Indigenous peoples and the call for a new social contract” to be held on Monday, 9 August from 9 am to 11 am (EST). Information on registration will be shared soon.

Background

More than 70 per cent of the world’s population is living in countries with rising income and wealth inequality, including indigenous peoples who already face high rates of poverty and acute socio-economic disadvantages. High levels of inequality are generally associated with institutional instability, corruption, financial crises, increased crime and lack of access to justice, education and health services. For indigenous peoples, poverty and gross inequities tend to generate intense social tensions and conflicts.

Eradicating poverty in all its forms and dimensions and reducing inequality are at the heart of the 2030 Agenda for Sustainable Development. The whole of society — not only governments but also social activists, indigenous peoples, women, academia, scientists — all have a role to play in building and redesigning a new social contract that serves the interest of “We, the peoples”, as per the preamble of the United Nations Charter.

Indigenous peoples’ right to participate in decision-making is a key component in achieving reconciliation between indigenous peoples and States. Therefore, a new social contract must combat the legacy of exclusion and marginalization affecting indigenous peoples — through their meaningful and effective participation and the obtainment of their free, prior and informed consent. Consequently, it will lead to meeting the goals of the 2030 Agenda.

The COVID-19 pandemic has shone a light on the effects of growing inequalities and promoted discussion on the urgent need to rethink a new social contract. A new common sense that will work for all peoples and the planet. It has created a unique opportunity to build back a more equal and sustainable world – one based on genuine and inclusive participation and partnership that fosters equal opportunities for all and respects the rights, dignity and freedoms of all.

For the many indigenous peoples disproportionately impacted by COVID-19 worldwide, plans to build back better and rethink social contracts must include listening to their voices, needs and concerns, obtaining their free, prior and informed consent, and include the collective and individual rights of indigenous peoples recognized in the United Nations Declaration on the Rights of Indigenous Peoples.

Format of the virtual event

The 2021 commemoration of the International Day of the World’s Indigenous Peoples will feature an interactive discussion with two speakers on the distinct elements to be considered when building and redesigning a new social contract for indigenous peoples – where indigenous peoples’ own forms of governance and ways of life must be respected and based on their free, prior and informed consent and genuine and inclusive participation and partnership.

Guest Speakers

James Anaya has taught and written extensively on international human rights and issues concerning indigenous peoples. He served as the United Nations Special Rapporteur on the Rights of Indigenous Peoples from 2008 to 2014. Currently, he serves as Dean and Professor at the University of Colorado Law School at Boulder.

Dean Anaya has advised numerous indigenous and other organizations from several countries on matters of human rights and indigenous peoples, representing indigenous peoples’ groups from many parts of North and Central America in landmark cases before domestic and international tribunals, including the United States Supreme Court and the Inter-American Court of Human Rights. Among his noteworthy activities, he participated in the drafting of the United Nations Declaration on the Rights of Indigenous Peoples and was the lead counsel for the indigenous parties in the case of Awas Tingni v. Nicaragua, in which the Inter-American Court of Human Rights for the first time upheld indigenous land rights as a matter of international law.

Prior to becoming a full time law professor, he practiced law in Albuquerque, New Mexico, representing Native American peoples and other minority groups. Dean Anaya served on the law faculty at the University of Arizona from 1999 to 2016 and on the faculty of the University of Iowa from 1988 to 1999.

María Fernanda Espinosa Garcés, an Ecuadorian scholar, diplomat, has held many leadership positions within the Government of Ecuador, serving as Minister of Foreign Affairs, Minister of Defense and Minister of Cultural and Natural Heritage. Furthermore, she was the first female ambassador and permanent representative of Ecuador to the United Nations offices in New York and in Geneva. Most recently, Ms. Espinosa served as President of the 73rd Session of the United Nations General Assembly, becoming the fourth woman in history and the first from Latin America and the Caribbean to preside over this body. Ms. Espinosa is currently member of the Strategic Committee of the Science Panel for the Amazon of the Sustainable Development Solutions Network; member of the international Lancet COVID-19 Commission; councilor of the World Future Council; member of the Multi-Stakeholder Steering Committee of the Generation Equality Forum; member of the Political Advisory Panel of the Universal Health Coverage 2030 Movement (UHC2030); fellow of the World Academy of Art and Science (WAAS); member of the Group of Women Leaders for Change and Inclusion (GWL); and Goodwill Ambassador for the Latin American and Caribbean Fund for the Development of the Indigenous Peoples (FILAC).

Moderator

Ghazali Ohorella is an idealist and anteambulo for indigenous peoples. He is indigenous to the Alifuru People of Maluku, with an unshakeable belief in a bright future for all indigenous peoples of the world.

Mr. Ohorella works to give wings to indigenous peoples and their ideas, that is why everything he says and does is geared towards inspiring and empowering 476 million indigenous peoples so that they can do what inspires them. He uses his many years of experience in indigenous rights advocacy and high-level negotiations to open spaces and create an enabling environment for indigenous peoples at the international level that is built on the right to self-determination.

Source: https://www.un.org/development/desa/indigenouspeoples/international-day-of-the-worlds-indigenous-peoples-2021.html