Cambodia’s Indigenous Customary Laws Spark Revival of Ancestral Wisdom

By Chhan Solatin and Blen Romam

Introduction

Cambodia’s rich cultural tapestry is woven with a diverse array of Indigenous communities, each possessing unique traditions and practices that have been passed down through generations. These time-honored customs, often referred to as Indigenous Customary Rules (ICRs), play a vital role in governing various aspects of community life, from land management and resource allocation to social relations and conflict resolution.

Definition and Scope

Indigenous Customary Rules (ICRs) are a set of traditional laws, norms, and practices that have been developed and passed down through generations within Indigenous communities. These rules govern various aspects of community life, including land use, resource management, social relations, and dispute resolution. [1]

ICRs differ from formal legal systems in several key ways. First, they are typically unwritten and based on oral traditions, customs, and beliefs. Second, they are often more flexible and adaptable than formal laws, allowing for greater community participation and consensus-building in decision-making. Third, they are often enforced through community-based mechanisms, such as mediation, negotiation, and traditional rituals, rather than through formal legal institutions.[2] In many ways, ICRs reflect the values and beliefs of Indigenous communities. They often emphasize the importance of collective well-being, environmental sustainability, and respect for elders and ancestors. [3]They may also incorporate spiritual and religious beliefs, as well as traditional knowledge about the natural world.   [4]

In Cambodia, ICRs play a significant role in the lives of many Indigenous communities, particularly in rural areas. These rules govern land use, resource management, and social relations, and they are often intertwined with traditional cultural practices and beliefs. However, ICRs in Cambodia also face challenges, such as encroachment by the formal legal system and competing interests from external actors. Despite these challenges, ICRs continue to be an important source of law and governance for many Indigenous communities in Cambodia. They provide a framework for community-based decision-making, conflict resolution, and resource management, and they help to preserve traditional cultural values and practices. As Cambodia continues to develop, it is important to recognize the value of ICRs and to find ways to integrate them into the formal legal system in a way that respects the rights and interests of Indigenous communities [5].

Cultural Significance

Indigenous Customary Rules (ICRs) play a vital role in shaping and maintaining the identity and cohesion of Indigenous communities in Cambodia. These rules, passed down through generations, provide a framework for social interaction, resource management, and dispute resolution, all of which contribute to a strong sense of community belonging.

One-way ICRs contribute to identity is by defining who belongs to the community and how members should behave. These rules often outline specific roles and responsibilities for different members of the community, such as elders, chiefs, and young people. By adhering to these roles, individuals contribute to the overall functioning of the community and reinforce their sense of belonging.

ICRs also contribute to community cohesion by promoting social harmony and resolving conflicts peacefully. Many Indigenous communities in Cambodia have traditional mechanisms for resolving disputes, such as mediation and negotiation, which are often guided by ICRs. These mechanisms help to maintain social order and prevent conflicts from escalating, thereby strengthening community bonds.

Furthermore, ICRs play a crucial role in the transmission of cultural knowledge and practices across generations. These rules are often embedded in stories, songs, and rituals that are passed down from elders to young people. By participating in these activities, young people learn about their community’s history, values, and traditions, thereby ensuring the continuity of their cultural heritage.[6]

In conclusion, ICRs are an essential component of Indigenous identity and cohesion in Cambodia. These rules provide a framework for social interaction, resource management, and dispute resolution, all of which contribute to a strong sense of community belonging. Additionally, ICRs play a vital role in the transmission of cultural knowledge and practices across generations, ensuring the continuity of Indigenous cultures in Cambodia.

Comparative Analysis

Indigenous Customary Rules (ICRs) have much to offer modern legal systems, particularly in terms of environmental sustainability, community participation, and dispute resolution.

One key lesson from ICRs is their emphasis on environmental sustainability. Many Indigenous communities have developed intricate systems of resource management that ensure the long-term health of their ecosystems. For example, some Indigenous communities in Cambodia have traditional practices for managing forests and fisheries that promote biodiversity and prevent overexploitation. These practices could inform modern environmental laws and policies, which often focus on short-term economic gains at the expense of long-term ecological sustainability. [7]

Another valuable aspect of ICRs is their emphasis on community participation. Many ICRs are developed and enforced through collective decision-making processes that involve all members of the community. This approach ensures that everyone has a voice in the rules that govern them and promotes a sense of ownership and responsibility. Modern legal systems could benefit from greater community participation in the development and implementation of laws, particularly those that affect local communities.

Finally, ICRs often provide effective mechanisms for resolving disputes. Many Indigenous communities have traditional practices for mediation, negotiation, and reconciliation that can resolve conflicts peacefully and fairly. These practices can be more efficient and less costly than formal legal proceedings, and they can also help to maintain social harmony within the community. Modern legal systems could benefit from exploring alternative dispute resolution mechanisms, such as mediation and arbitration, to reduce the burden on courts and promote more efficient and equitable justice. [8]

In Cambodia, the integration of ICRs into the formal legal system has been a complex and ongoing process. However, there have been some positive developments, such as the recognition of customary land tenure rights in the 2001 Land Law. This recognition has helped to secure land rights for many Indigenous communities and has promoted greater respect for their traditional practices.

Looking ahead, it is important to continue to find ways to integrate the valuable lessons of ICRs into modern legal systems. This could involve greater recognition of traditional knowledge and practices, increased community participation in legal decision-making, and the development of alternative dispute-resolution mechanisms. By learning from Indigenous approaches to governance and law, we can create more just, equitable, and sustainable legal systems for all.

Contemporary Issues

Indigenous communities in Cambodia, like many around the world, face a complex set of challenges in upholding their customary laws. These laws, often deeply intertwined with spiritual beliefs and ancestral traditions, govern land rights, resource management, and social structures. [9]However, the encroachment of modern development, legal systems, and cultural shifts poses significant threats to their continued relevance.  

One major issue is the conflict between customary land tenure and state-recognized land ownership. While the Cambodian Constitution acknowledges customary land rights, their implementation remains inconsistent and often favors state-sanctioned land concessions, leading to the displacement and dispossession of Indigenous communities. This is particularly acute in resource-rich areas where logging, mining, and agribusiness interests compete for land. [10]

Furthermore, the younger generation of Indigenous peoples in Cambodia often faces a cultural dilemma. While they may value their heritage, they are also drawn to the perceived opportunities and lifestyles of the dominant society. This can lead to a decline in fluency in traditional languages, a weakening of intergenerational knowledge transmission, and a gradual erosion of customary practices.

However, there are also signs of resistance and revitalization. Many young Indigenous Cambodians are actively seeking to reclaim their cultural identity and reassert their rights. They are engaging in education initiatives, cultural performances, and community-based organizations to preserve their languages, traditions, and knowledge systems. Some are even advocating for legal reforms that would better recognize and protect their customary rights.

One notable example is the emergence of Indigenous youth leaders who are using social media platforms to raise awareness about their struggles and mobilize support for their cause. They are also leveraging technology to document and share their cultural heritage, ensuring its preservation for future generations. [11]

In conclusion, the challenges facing Indigenous communities in Cambodia regarding their customary laws are multifaceted and deeply rooted in historical and contemporary power dynamics. While the erosion of traditional practices poses a significant threat, the resilience and agency of younger generations offer hope for the continued relevance and evolution of these vital cultural systems.

Social Justice and Reconciliation

Understanding Indigenous Customary Rules (ICRs) can be a powerful tool in promoting social justice and reconciliation in Cambodia. These rules, deeply rooted in the cultural and social fabric of Indigenous communities, offer valuable insights into traditional conflict resolution mechanisms, land management practices, and social structures. By acknowledging and respecting ICRs, efforts towards social justice and reconciliation can be more inclusive, equitable, and sustainable.

One key way ICRs can contribute to social justice is by addressing land rights issues. In Cambodia, indigenous communities often face land disputes and dispossession due to conflicting claims between customary land tenure and state-recognized land ownership. [12]Recognizing and upholding ICRs related to land ownership and use can help secure land rights for Indigenous communities, ensuring their access to resources and livelihoods. This can prevent land-related conflicts and promote social stability. [13]

Furthermore, ICRs can offer valuable insights into traditional conflict resolution mechanisms. These mechanisms, often based on consensus-building, mediation, and restorative justice principles, can provide alternative approaches to resolving disputes within and between communities. By incorporating these mechanisms into formal legal systems, efforts towards reconciliation can be more inclusive and culturally sensitive, fostering a sense of ownership and participation among Indigenous communities.

However, it is important to acknowledge the complexities and challenges involved in integrating ICRs into broader social justice and reconciliation efforts. These rules are often dynamic and evolving, and their interpretation and application can vary across different communities. Therefore, a nuanced and context-specific approach is crucial to ensure that the integration of ICRs is meaningful and effective.

In conclusion, understanding and respecting Indigenous Customary Rules can be a significant step towards achieving social justice and reconciliation in Cambodia. By acknowledging the value of these rules in addressing land rights issues and promoting culturally appropriate conflict resolution mechanisms, efforts towards a more inclusive and equitable society can be strengthened. However, it is essential to approach this process with sensitivity, flexibility, and a commitment to ongoing dialogue and collaboration with indigenous communities.

Personal Reflection

My understanding of Indigenous Customary Rules (ICRs) has evolved significantly through my research and exploration of the topic. Initially, I viewed ICRs as a static set of traditional practices and beliefs. However, I have come to understand that ICRs are dynamic systems that evolve over time in response to changing social, economic, and environmental contexts. They are not merely relics of the past but living bodies of knowledge that continue to shape the lives of Indigenous peoples today.

Furthermore, I have learned that ICRs are not monolithic but rather diverse and multifaceted, reflecting the unique histories, cultures, and experiences of different Indigenous communities. They encompass a wide range of topics, including land tenure, resource management, social organization, conflict resolution, and spiritual practices. ICRs often provide valuable insights into sustainable resource management, environmental protection, and social justice.

As for the responsibilities of non-Indigenous individuals and societies in respecting and supporting ICRs, I believe they are significant. Non-Indigenous individuals and societies have a duty to recognize the inherent rights of Indigenous peoples to their cultures, traditions, and lands. This includes respecting ICRs as legitimate and valid systems of law and governance. Non-Indigenous individuals and societies should also strive to understand and appreciate the values and principles underlying ICRs, and to engage in respectful and equitable dialogue with Indigenous peoples on matters of mutual concern.

In the specific case of Cambodia, the challenges and opportunities for respecting and supporting ICRs are particularly complex. Cambodia has a rich and diverse Indigenous heritage, with numerous ethnic groups, each with its own unique customs and traditions. However, many ICRs have been eroded or marginalized as a result of historical injustices, such as forced displacement, land dispossession, and cultural assimilation.

In recent years, there have been efforts to revitalize and strengthen ICRs in Cambodia. These efforts include documenting and codifying ICRs, integrating them into national legal frameworks, and supporting Indigenous-led initiatives for cultural preservation and self-determination. However, more needs to be done to ensure that ICRs are fully respected and upheld in Cambodia. This requires a commitment from the government, civil society, and the international community to address the historical and ongoing injustices faced by Indigenous peoples in the country.

In conclusion, my understanding of ICRs has deepened considerably through my research and exploration of the topic. I now recognize ICRs as dynamic, diverse, and valuable systems of knowledge and governance. Non-Indigenous individuals and societies have a crucial role to play in respecting and supporting ICRs, both globally and in specific contexts like Cambodia. By working together with Indigenous peoples, we can create a more just and equitable world where ICRs are fully recognized, respected, and upheld.

Conclusion

In conclusion, Indigenous Customary Rules (ICRs) hold immense importance in contemporary society. They offer valuable insights into sustainable resource management, environmental protection, and social justice. By recognizing and respecting ICRs, we can learn from the wisdom and experience of Indigenous peoples and build a more just and equitable future. [14]

In the Cambodian context, the revitalization and strengthening of ICRs are crucial for addressing historical injustices and promoting social and environmental sustainability. By supporting Indigenous-led initiatives for cultural preservation and self-determination and by integrating ICRs into national legal frameworks, Cambodia can create a more inclusive and equitable society where the rights and voices of Indigenous peoples are fully respected. [15]

Furthermore, promoting awareness and understanding of ICRs among the broader public is essential. Education programs, cultural exchanges, and media campaigns can help to dispel misconceptions about ICRs and foster greater appreciation for the valuable contributions of Indigenous peoples. By working together with Indigenous communities, we can create a future where ICRs are not only preserved but also integrated into modern governance and development strategies. This will not only benefit Indigenous peoples but also contribute to a more just, sustainable, and equitable future for all.

References

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Baird, Ian G. “The construction of ‘indigenous peoples’ in Cambodia.” In Alterities in Asia, pp. 169-190. Routledge, 2010. https://www.taylorfrancis.com/chapters/edit/10.4324/9780203839362-14/construction-indigenous-peoples-cambodia-ian-baird

Chann, Sopheak, Sango Mahanty, and Katherine Chamberlin. “Squeezed between Land and Water: Rupture, Frontier-Making, and Resource Conflicts at Cambodia’s Lower Sesan 2 Hydropower Dam.” Pacific Affairs (2024).https://scholar.archive.org/work/d7zufbbsabhhle3maksqjhuiwi/access/wayback/https://www.zora.uzh.ch/id/eprint/251401/1/ZORA_pdf_version_1692323716.pdf

Duchicela Santa Cruz,Luis Felipe Atahualpa; Jensby,Svend; Uquillas Rodas,Jorge E.; Lukic,Jelena; Sirker,Karen. Indigenous peoples development in World Bank-financed projects : our people, our resources – striving for a peaceful and plentiful planet : case studies report (English). Washington, D.C. : World Bank Group. http://documents.worldbank.org/curated/en/230651468190153314/Indigenous-peoples-development-in-World-Bank-financed-projects-our-people-our-resources-striving-for-a-peaceful-and-plentiful-planet-case-studies-report

FAO, 2019. Women’s land rights and agrarian change: evidence from indigenous communities in Cambodia. Phnom Penh, FAO. 56 pp. Licence: CC BY-NC-SA 3.0 IGO. https://openknowledge.fao.org/bitstreams/241d45af-0bfb-4f1d-9aa7-5ca852a76ef4/download#:~:text=This%20also%20occurs%20in%20areas,reshaping%20communities’%20norms%20and%20customs.

Inman, Derek. “From the global to the local: the development of indigenous peoples’ land rights internationally and in Southeast Asia.” Asian Journal of International Law 6, no. 1 (2016): 46-88. https://www.academia.edu/download/90086149/s204425131400035620220822-1-1qk1zgk.pdf 

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Mysliwiec, Eva. “The case of Cambodia.” Dialogue in pursuit of development 2 (2003): 107. https://utvecklingsarkivet.se/wp-content/uploads/2012/10/study2003_2-Dialogue-in-Pursuit-of-Development.pdf#page=113

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Tsuji SRJ, Zuk AM, Solomon A, Edwards-Wheesk R, Ahmed F, Tsuji LJS. What Is Wellbeing, and What Is Important for Wellbeing? Indigenous Voices from across Canada. Int J Environ Res Public Health. 2023 Aug 26;20(17):6656. doi: 10.3390/ijerph20176656. PMID: 37681798; PMCID: PMC10487260. https://pmc.ncbi.nlm.nih.gov/articles/PMC10487260/

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[1]Melissa L. Tatum, Customary Law of Indigenous Communities: Making Space on the Global Environmental Stage, 9 Mich. J. Env’t. & Admin. L. 77 (2020). https://repository.law.umich.edu/mjeal/vol9/iss1/3

[2] Kersch, Kenneth Ira. “The” Globalized Judiciary” and the Rule of Law.” The Good Society 13, no. 3 (2004): 17-23. https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=600680

[3]Prabhakar, Sonam. 22/05/22. Customary law: Cultural Identify of Indigenous People. https://www.researchgate.net/publication/370944396_Customary_Laws_Cultural_Identity_of_Indigenous_People

[4]Tsuji SRJ, Zuk AM, Solomon A, Edwards-Wheesk R, Ahmed F, Tsuji LJS. What Is Wellbeing, and What Is Important for Wellbeing? Indigenous Voices from across Canada. Int J Environ Res Public Health. 2023 Aug 26;20(17):6656. doi: 10.3390/ijerph20176656. PMID: 37681798; PMCID: PMC10487260. https://pmc.ncbi.nlm.nih.gov/articles/PMC10487260/

[5] Mysliwiec, Eva. “The case of Cambodia.” Dialogue in pursuit of development 2 (2003): 107. https://utvecklingsarkivet.se/wp-content/uploads/2012/10/study2003_2-Dialogue-in-Pursuit-of-Development.pdf#page=113

[6] Duchicela Santa Cruz,Luis Felipe Atahualpa; Jensby,Svend; Uquillas Rodas,Jorge E.; Lukic,Jelena; Sirker,Karen. Indigenous peoples development in World Bank-financed projects : our people, our resources – striving for a peaceful and plentiful planet : case studies report (English). Washington, D.C. : World Bank Group. http://documents.worldbank.org/curated/en/230651468190153314/Indigenous-peoples-development-in-World-Bank-financed-projects-our-people-our-resources-striving-for-a-peaceful-and-plentiful-planet-case-studies-report

[7]Tessa, Bertrand, and Pradeep Kurukulasuriya. “Technologies for climate change adaptation: Emerging lessons from developing countries supported by UNDP.” Journal of International Affairs (2010): 17-31. https://www.jstor.org/stable/2438518

[8] Adedayo, Adedeji Matthew. “Indigenous conflict resolution strategy and sustainable development in Nigeria.” Sapientia Global Journal of Arts, Humanities and development Studies 3, no. 4 (2020). http://www.pakistanislamicus.com/index.php/home/article/download/132/125

[9]FAO, 2019. Women’s land rights and agrarian change: evidence from indigenous communities in Cambodia. Phnom Penh, FAO. 56 pp. Licence: CC BY-NC-SA 3.0 IGO. https://openknowledge.fao.org/bitstreams/241d45af-0bfb-4f1d-9aa7-5ca852a76ef4/download#:~:text=This%20also%20occurs%20in%20areas,reshaping%20communities’%20norms%20and%20customs.

[10]Baird, Ian G. “The construction of ‘indigenous peoples’ in Cambodia.” In Alterities in Asia, pp. 169-190. Routledge, 2010. https://www.taylorfrancis.com/chapters/edit/10.4324/9780203839362-14/construction-indigenous-peoples-cambodia-ian-baird

[11]UNESCO. 5 September 2023. “Amplifying the voices of ethnic minority groups in Cambodia through media, information, and digital literacy” https://www.unesco.org/en/articles/amplifying-voices-ethnic-minority-groups-cambodia-through-media-information-and-digital-literacy

[12]Chann, Sopheak, Sango Mahanty, and Katherine Chamberlin. “Squeezed between Land and Water: Rupture, Frontier-Making, and Resource Conflicts at Cambodia’s Lower Sesan 2 Hydropower Dam.” Pacific Affairs (2024).https://scholar.archive.org/work/d7zufbbsabhhle3maksqjhuiwi/access/wayback/https://www.zora.uzh.ch/id/eprint/251401/1/ZORA_pdf_version_1692323716.pdf

[13] Inman, Derek. “From the global to the local: the development of indigenous peoples’ land rights internationally and in Southeast Asia.” Asian Journal of International Law 6, no. 1 (2016): 46-88. https://www.academia.edu/download/90086149/s204425131400035620220822-1-1qk1zgk.pdf 

[14] Tessa, Bertrand, and Pradeep Kurukulasuriya. “Technologies for climate change adaptation: Emerging lessons from developing countries supported by UNDP.” Journal of International Affairs (2010): 17-31. https://www.jstor.org/stable/2438518

[15]Inman, Derek. “From the global to the local: the development of indigenous peoples’ land rights internationally and in Southeast Asia.” Asian Journal of International Law 6, no. 1 (2016): 46-88. https://www.academia.edu/download/90086149/s204425131400035620220822-1-1qk1zgk.pdf