Bunong – The Voices of Indigenous Peoples in Cambodia

Can a carbon offset project really secure Indigenous rights in authoritarian Cambodia?

The Cambodian Ministry of Environment has blocked Indigenous communities from receiving ownership over thousands of hectares of customary farmlands and culturally significant forests in the Keo Seima REDD+ project zone.
The Wildlife Conservation Society, which works with the ministry to administer the project, did not disclose these land disputes caused by the project’s activities to standard setter Verra, and its auditors failed to identify these issues.
Indigenous peoples in the REDD+ project face arrests, imprisonment, crop destruction and property confiscation as a result of unclear boundaries and insufficient land allocated to their communities.
This reporting project received support from the Pulitzer Center’s Rainforest Journalism Fund.

Read the full article at: https://news.mongabay.com/2024/07/can-a-carbon-offset-project-really-secure-indigenous-rights-in-authoritarian-cambodia/

This is the first article in our two-part series on Indigenous land rights and the Keo Seima REDD+ project. This series was co-written by a Cambodian journalist whose name is being withheld due to security concerns. Read part two here.

New Mondulkiri Airport To Boost Tourism, Economy But Deforestation Concerns Linger

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.

Read the full article at: New M’kiri Airport To Boost Tourism, Economy But Deforestation Concerns Linger | CamboJA News

Joint Statement of Indigenous Representatives on Concerns Relating to the Environment and Natural Resources Code

Joint Statement of Indigenous Community Representatives

Of the Kingdom of Cambodia

Concerns Relating to the Environment and Natural Resources Code

Angkor Century Resort and Spa, Siem Reap

December 19, 2023

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On December 19, 2023, at the Angkor Century Resort in Siem Reap, we, 189 representatives of Indigenous communities, including 44 women, convened at the National Consensus Consultative Workshop between Indigenous Peoples and Other Stakeholders to gather relevant input on concerns about the content of the articles that affect the social, cultural, and economic rights of Indigenous peoples who live in and near protected areas and forest areas, as provided in the Environment and Natural Resources Code.

The consultation was attended by representatives of the communal land titling communities, community protected areas, and community forests from 12 provinces: Kratie, Ratanakiri, Mondulkiri, Stung Treng, Preah Vihear, Kampong Thom, Kampong Speu, Pursat, Koh Kong, Banteay Meanchey, Sihanoukville and Battambang.

Affirming that Indigenous peoples are equal to all other peoples while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,

Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,

Affirming further that rights to natural resources and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic, or cultural differences are racist, scientifically false, legally invalid, morally condemnable, and socially unjust,

Reaffirming that Indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

Concerned that indigenous peoples have suffered from historic injustices as a result of the formulation or creation of the Environment and Natural Resources Code, other laws and regulations which dispossess their lands, traditional sites, culture, belief, non-timber forest product areas, and resources around their communities, thus weakening or preventing them from exercising, in particular, their right to development, conservation of cultural and civilization legacy, and interests in the natural resource sector in accordance with their own needs,

Concerned further that Indigenous peoples face social injustice because this Code provides a single standard or is solely based on social equality with the general population, or treats Indigenous communities on an equal footing with the general community by defining Indigenous peoples as local communities. In this spirit, the Code should not imply that including Indigenous communities in the definition of local communities provides reasons for inclusion, does not leave Indigenous communities behind, or promotes Indigenous communities to be equal in an equal society; on the contrary, such inclusion here embodies discrimination and does not benefit indigenous communities. Only then will it become a major cause of Indigenous communities being increasingly vulnerable to the loss of natural resource rights, economic, social, cultural, civilizational, and identity differences, and other benefits,

Concerned that indigenous peoples will lose their differences due to the fact that the Code does not state or include the word “Indigenous Peoples or Indigenous Communities” while some national laws already exist, such as the Land Law of 2001 from Article 23 to Article 28, Article 306 of the Civil Code of 2007, the Forestry Law of 2002, Sub-Decree No. 83 on Procedure of Registration of Land of Indigenous Communities and National Policies on Indigenous Peoples Development, as well as international laws and instruments that the Kingdom of Cambodia has supported and ratified, such as Convention No. 111 on Discrimination of Employment and Occupation. Convention No. 169 on Indigenous and Tribal Peoples in the Independent States United Nations Convention on the Protection and Promotion of the Diversity of Cultural Expressions, International Convention on the Elimination of All Forms of Racial Discrimination, and, in particular, the United Nations Declaration on the Rights of Indigenous Peoples. Instead, the Code defines the term “Local community” by generalizing indigenous community, which we see as an effort to eliminate indigenous or ethnic names by mixing with the general community, which is distinct from the indigenous people. Meanwhile, indigenous peoples and most Khmers have a shared value: the value of ownership of Cambodia’s motherland throughout Cambodia’s whole national history.

Reaffirming that Indigenous peoples do not oppose the inclusion of the term “local community” in the Environment and Natural Resources Code, but the term “local community” cannot replace the term “Indigenous Communities” or be included in the definition of “Local Communities,” because Indigenous peoples differ in origin, ethnicity, language, identity, history, society, civilization, culture, tradition, and permanence, especially the connection of values, virtues, and harmony in the practice of traditional livelihoods with sustainable economy linking directly with their land, forest, natural resources and other resources.

Concerned that Article 364 stipulates that the designation of the four management zones does not stipulate the Indigenous principles of “Free, Prior, and Informed Consent” which may have an impact on Indigenous peoples’ social, cultural, and economic rights. The challenges and threats are as follows:

Restrictions, deprivation of ownership, and prohibitions on freedom of entry and exit, traditional farming practices, housing, farmland, and places of worship, as well as loss of forests, burial sites, religious sites, natural history sites, archeological sites, and cultural heritage sites, and areas for the practice and extraction of traditional non-timber forest products. As long as Indigenous Peoples continue to assert customary ownership in their current areas, they will suffer legal fines, transitional fines, litigation or authoritative forces, imprisonment, convictions, coercion, and intimidation. As a result of these problems and threats, individuals and families in indigenous communities will face psychological and emotional crises, trauma, ruined reputation, loss of happiness, loss of livelihood, debt, migration, wasting time, and children dropping out of school.

Concerned that indigenous peoples may lose access to the aforementioned locations, zones, and resources because the Sustainable Use Zone provision specifies that “the zone has economic value for national economic development.” If the Royal Government intends to change the purpose from conservation to national economic development by granting economic land concessions to the company, the company will enter to completely clear the forest, land, natural resources, and other resources.

Concerned that land within the community area provided for in Article 364 will not be able to make a decision or approve the issuance of a title in the area when the Ministry of Environment is unwilling to require indigenous peoples to obtain a certificate of collective ownership, despite indigenous peoples’ control, possession, and use of the land being in line with or in accordance with Articles 23 and 25 of the 2001 Land Law and international instruments. This issue is caused by the content of Article 364’s second paragraph in the community area, which states that “the issuance of a certificate identifying the owner of immovable property or permission to use land in this area… ” requires “prior approval from the Ministry in charge of Environment and Natural Resources in accordance with the laws and regulations in force.”

Concerned further that Article 369, indigenous peoples face the loss of the right to use natural resources in the traditional, religious, and customary way, which limits the right to use only in the sustainable use zone, and some other types of resources may occur in conservation zones by following the guidelines set by the Prakas of the Ministry in charge of environment and natural resources, and these guidelines will not be expected to have the same content giving rights and benefits to indigenous peoples based on actual situation. Additionally, freedom of movement within and out of protected areas must also be supervised by officials in charge of the environment and natural resources.

Joint Requests

Insist on the inclusion or provision of the words “Indigenous Peoples and Indigenous Communities” in the Environment and Natural Resources Code, as well as other regulations established to implement the Code. The State shall not generalize Indigenous peoples which are defined or provided for as Local communities.
Insist on the inclusion or provision of the “Free, Prior, and Informed Consent” principle in all stages of drafting or revising this Code or other laws and regulations, as well as other procedures, in accordance with collective mechanisms of indigenous peoples.
Request that the phrase “The issuance of a certificate of identification of an immovable property owner or a land use permit in this area requires prior approval from the Ministry in charge of Environment and Natural Resources” be repealed, which is provided for in the second paragraph of the Community Areas Section of Article 364 of the Environment and Natural Resources Code to expedite and resolve the deadlock in the registration of indigenous communities’ land and the registration of cultural heritage of indigenous communities based on the actual situation. And insist that this code is not an obstacle to the process of indigenous community land registration based on the request and actual situation of each community.
Request that the state enact a provision in the law and issue a certificate on the location or traditional sites, identity, cultural heritage, archeological sites, religious beliefs, rotational agricultural regions, and NTFP areas.

Download: English

Statement On Indigenous Women’s Issues and Challenges on Law Enforcements and Law Amendments on Forestry and Protected Areas

National Consultation Forum on Indigenous Women’s Issues and Challenges on Law Enforcements and Two New Draft Laws on Forestry and Protected Areas

Himawari Hotel, Phnom Penh, 25 January 2023

Indigenous communities, associations, and organizations consisting of a total of 48 individuals, and 36 women of indigenous Kreung, Tumpoun, Kui, Bunong, Jarai, Thmon, Por, Suy, Chong, and Sa’Och, from Ratanakiri, Kratie, Stung Treng, Preah Vihear, Kampong Thom, Kampong Speu, Pursat, Koh Kong, and Battambang provinces, organized a National Consultation Forum on Indigenous Women’s Issues and Challenges on Law Enforcements and Two New Draft Laws on Forestry and Protected Areas, with the participation of the government agencies including Ministries, Parliament, and Senate, along with national and international NGOs and media.

We, the indigenous women’s group, community representatives, associations, and organizations, would like to express our sincere thanks to His Excellency, Lok Chumteav, and the representatives of Ministries, Parliament, Senate, provincial authorities, national and international distinguished guests who are present at today’s forum. Taking advantage of this opportunity, we would like to express our concerns, issues, and challenges as individuals and as a community, as well as our request:

The loss of land and natural resources results in land conflicts with private companies and outsiders who acquire or purchase community land. This loss has a negative impact on indigenous livelihoods, harming traditional occupations, customs, languages, and peaceful ways of life, as well as causing internal conflicts and legal harassment. Following the discussion at today’s forum, we discovered a lack of recognition of traditional rights, indigenous peoples’ social and cultural rights, and a failure to issue communal land titles on time.
Some provincial sub-national authorities discriminate against indigenous peoples and refuse to recognize their identity. This refusal allows outsiders to encroach on or purchase communal land, and thus impedes the process of indigenous identification and collective land registration in compliance with existing laws.
As of today’s forum, many indigenous women are still facing litigation that could result in jail and fines of thousands of dollars, which deeply concerns us. According to what was said at today’s meeting, our efforts to safeguard the forest, spiritual forest, and mountain have resulted in legal harassment of which we are unaware. At least 42 criminal charges have been filed in relation to the social, cultural, and traditional occupation-related economic rights that many indigenous women participating in this forum face. The following are the cases:

3 cases in Preah Vihear
6 cases in Kampong Thom
1 case in Stung Treng
29 cases in Mondulkiri
2 cases in Ratanakiri
1 case in Kraties

We congratulate and are delighted that the proceedings against four defendants were dropped by Mondulkiri’s first instant court, and that the Supreme Court delivered justice to three Bunong indigenous women.

We, who are defending our communities’ rights, land, and natural resources, have been summoned way too many times by the commune authority, police, gendarmerie, district, and provincial authorities, which causes us great concern.
Indigenous women are concerned about law enforcement and legal frameworks that are overly complicated, lack implementing officers, and, in particular, lack proper consultation and meaningful participation of community representatives and elders, who serve as the community’s living library and have extensive knowledge of customary laws and traditions. The loss of customary laws is our biggest concern.
We hereby support the joint statement on indigenous community representatives’ inputs, which was released on August 15-16, 2022 in Siem Reap province.

As a result, we, a woman’s group and community representatives attending today’s discussion would like to call on and request the following:

Consider indigenous society to be a permanent society and self-development that preserves our indigenous identity in accordance with laws and policies that recognize an inherent distinctiveness and secure collective rights as provided for in national and international instruments.
The government shall expedite the process of collective land registration based on the actual size and boundary set by the community, as well as some portion of the state’s forested land that is jointly managed and protected by the community and competent authorities. The collective land registration is only done on 5 categories of land, and the state land that we protect and use is excluded, as is the limitation of just 7 hectares of spiritual forest, which has an impact on our religious beliefs. The majority of the community has beliefs about the entire mountain and forest, regardless of size.
Urge sub-national authorities to expedite the issuing of administrative papers and their forwarding to the national or ministry level in order to avoid obstacles and delays.
Request that legal charges against indigenous women and community members be dismissed and nullified as soon as possible.
While waiting for registration, request that the provincial authorities give interim protection measures, recognition documents, or certifications for forests of belief, culture, tradition, and other areas that are a source of economy, market, and daily subsistence for indigenous peoples.
Request that all comments available in the joint statement made in Siem Reap on August 15-16, 2022, be incorporated into two new draft laws, and include the following points:

Before the process of land registration, there should be a formality to acknowledge an existing team at the sub-national level to continue managing community, land, and natural resources.
Should impose legal penalties on individuals who violate the rights to use and enjoy land before it is registered.
Ensure customary occupation governance despite the lack of land titles.

We insist on the words “indigenous peoples” and “indigenous community” remaining in these two laws. The replacement of “indigenous peoples” with “local community” causes us tremendous concern since it means we will lose opportunities and our natural rights as outlined in UNDRIP.
Request that our comments on draft laws on protected areas and forestry be incorporated into the fishery amendment law.
Urge state institutions, national and international organizations, and the United Nations to give attention to law enforcement, principles, and national and international fundamental standards that assist indigenous peoples in achieving inclusive development.

Finally, we, the indigenous women and community representatives, would like to offer our heartfelt gratitude to His Excellencies, ladies, and gentlemen present at the National Consultation Forum, and wish you the best of luck, happiness, and success in all your endeavors.

Download: Khmer | English

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

Indigenous people in Mondulkiri disappointed with the French court’s rejection of their lawsuits

Indigenous people in Mondulkiri Province express frustration with the French court’s dismissal of their previous lawsuit against Bolloré and ordered them to pay a fine of over 20,000 euros to the parent company.

The disappointment comes after a court in Paris, France, on July 2 dismissed a lawsuit filed by an indigenous group in Mondulkiri Province and ordered more than 20,000 euro payments to the French Bolloré.

In 2019, nine indigenous representatives sued in a French court after filing a lawsuit in 2015 against Bolloré, a major donor to three companies, including Coviphama, Varanasi and Setheikola, but the three companies sold shares to Socfin.

In a statement issued by the Bunong community of Mondulkiri Province on July 14, 2021, 97 families called the decision of the Nanterre court in Paris “unfair and unacceptable.”

Indigenous groups said in a statement that they could not accept the French court’s ruling that the Bunongs in Busra had no right to occupy the land under Cambodia’s laws. They call such arguments in violation of Cambodian land law and the UN Declaration on the Rights of Indigenous Peoples.

According to the statement, Bolloré, the current owner of Socfin in Cambodia, has invested in rubber plantations on the plantations and spiritual forests of the indigenous people of Bunong from 2008 to the present.

The same source claimed that after receiving the investment right, the company cleared the forest, the spiritual forests, taboo forests, and the daily food source of the indigenous people without settling compensation for them.

In addition to the forest clearing, 15 communities have been sued in court and some are still in custody because the company has sued them after they protested against the clearing of land and the forest on which they depend.

Mondulkiri Indigenous Community Network Land and Forestry Human Rights Coordinator Kreung Tola said they and their lawyers had already appealed Nanterre’s decision to the Court of Appeal, hoping that the supreme court will help find justice for them.

“We hope that the Court of Appeal in France will judge, refer to indigenous-related laws and consider international law,” he said. So we will receive fair because our people are definitely victimized; we are the real owners of the land, not like the French court we are not the people living in Busra commune, Pichreda district, Mondulkiri. So we can not accept their rejection.”

ADHOC Community Empowerment Program Officer Pen Bunnar considers the French court’s decision to be unfair to indigenous peoples. On the other hand, the factors that lead to indigenous peoples suffering like this, he said, are because the government provides economic land concessions to companies without studying the impact on the people.

“That’s right,” he said. Each concession must have an impact study! And it is clear that our leaders have said not to trade rubber trees for the dense forest, so we see that it is contrary to the government’s commitment to providing economic concessions not to affect dense forest and semi-dense forest, especially indigenous areas, forest land, and burial areas! “And it not only affects the forest, but it also affects the ancestral traditions that they have preserved for years.”

Mr. Pen Bunnar urged the Cambodian government to study, research and address the impact on the people before deciding to grant land concessions to any company to develop so that people do not suffer further.

Original story at: https://vodkhmer.news/2021/07/15/indigenous-people-express-frustration-over-french-court-rejecting-their-lawsuit/