Social Issues – Page 2 – The Voices of Indigenous Peoples in Cambodia

Law Amendment Creates Concerns among Indigenous Communities

Input consultation for the process of amending the Law on Forestry and the Law on Protected Areas is a very important part of the process, particularly for indigenous communities, as the actors will benefit greatly from these two laws if they are made in accordance with their decisions, adequate consultation, and with as many stakeholders as possible included. But if the consultation process does not allow for enough participation from all stakeholders, it will have a significant impact on how these laws are implemented.

The Cambodia Indigenous Peoples Alliance has been engaged in mobilizing partners to consult, particularly with indigenous people throughout the country, to ensure that their perspectives are included in the whole input consultation process for revising these two laws. We work from the local to the national level because we believe a law serves the common good in an inclusive, transparent, accountable, and democratic manner when all stakeholders are involved.

The Cambodia Indigenous Peoples Alliance has so far worked with indigenous communities at many different levels and stages, from ethnic-based to multi-ethnic consultations. In particular, it has organized workshops at the national level with indigenous representatives from provinces like Kampong Thom, Preah Vihear, Kratie, Stung Treng, Ratanakkiri, Mondulkiri, Kampong Speu, Pursat, Battambang, Koh Kong, Kampong Som, and Banteay in which indigenous groups such as Kui, Kavet, Kreung, Jarai, Chong, Tampuon, Bunong, Brao, Suy, Stieng, and Sa’Och, actively participated in providing input. They also expressed concern that the term “indigenous peoples” was removed from these proposed laws.

This is a historic event for indigenous peoples in Cambodia to debate this draft law face-to-face, ensuring that the laws serve a common interest and are in line with international standards such as the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT), the Universal Declaration of Human Rights, and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), ILO Discrimination (Employment and Occupation) Convention No. 111, the Laws of Cambodia and National Policies.

The process has raised concerns for indigenous communities, indigenous organizations, and CSOs because it gives them very little time to offer their input. This is especially the case for indigenous communities, who are worried that it will undermine their traditional livelihoods, culture, identity, and rightful enjoyment. These laws have had negative effects on their lives thus far, as stated in their joint statement following the consultation workshop held in Siem Reap. In particular, the definition of local communities as indigenous communities or indigenous peoples has affected the protection and respect for traditional socio-cultural characteristics.

Indigenous families and communities have faced multiple issues pertaining to social, cultural, and economic rights for over 20 years of the forest law’s enforcement and for about 12 years of the protected area law’s enforcement, including:

Complicated and time consuming, and expending high resources in building community,
Some Indigenous Peoples have been arrested and taken to court for practicing traditional agriculture, rotational or nomadic farming for livelihoods
Failure to fully participate in the legal demarcation of areas in areas where indigenous peoples have been living.
Lack of documents or certificates of traditional use rights, beliefs about locations in protected areas or forest conservation areas, etc. The fact that their community, group or family is undocumented has many legal consequences, including being prosecuted and considered illegal.
Confused and unclear about the purpose of multiple communities in their village or community
Affected by forest development projects that are classified as state land and leased to private development companies without consultation and consent from the villagers who have been living there.
Interpretations by sub-national law enforcement officials are vague and generally accuse indigenous peoples of being unlawful communities and ask for certification from administrative authorities.
Infringement of rights to collective property within a community forest or protected area community due to a decision by the Ministries to reject indigenous peoples’ claims as protected or conserved areas.
Indigenous peoples do not know which areas are the core or conservation areas, as the four areas have not yet been demarcated and border posts have been set up in each of the protected areas, most of which are members of indigenous communities who easily fall into charge when using land according to their right to live.

Along with this joint statement, the two-day workshop also looked at particular provisions in each of the two laws and took indigenous peoples’ views into consideration.

Rights group calls for speedy issuance of collective land titles to indigenous peoples

The CCHR calls on the government of Cambodia to resolve its commitment to speed up the registration of collective land titles for indigenous communities and solve issues. To protect their cultural identity and traditional land, they are registering their communal land. The request comes during today’s World Indigenous Day celebrations in indigenous communities.

Indigenous groups with only 18 collective land titles received 37 collective land titles from 2011 to July 2022. Given that the Cambodian government is devoted to expediting indigenous peoples’ land registration, it has been offered since 2017. This is based on data from the Cambodian Center for Human Rights for the 28th international indigenous peoples’ day and the 18th for Cambodia, both of which were celebrated on August 9.

In order to safeguard indigenous communities’ cultural identity and customary lands, a local rights group calls on the government of Cambodia to resolve its commitment to expedite the registration of collective land titles for them.

Delays in issuing collective land titles to indigenous peoples are a concern for their communities, as deforestation has been caused by development projects such as dams and economic land concessions. Affects Cambodian indigenous populations because they rely on non-timber forest products. Additionally, deforestation has a significant impact on the culture and customs of indigenous peoples. Ms. Thip Yao, the Representative of Indigenous Peoples in Cambodia, announced this in celebration of World Indigenous Day.

Cambodia is home to approximately 400 000 indigenous peoples, or 2% to 3% of the overall population. There are 458 communities representing 24 different ethnic groupings among them, spread throughout 15 provinces.

According to human rights organizations, the delayed pace of collective land registration is a result of its complexity and expense.

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

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.