indigenous peoples – The Voices of Indigenous Peoples in Cambodia

Restored Indigenous Rights Will Lead to Better-Conserved Forests

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.

For instance, research from Columbia, cited by the UN’s FAO, shows that forests collectively managed by Indigenous and tribal communities have been conserved better than other forests.

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 released research 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

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

Celebrating Diversity: How Defending Indigenous Rights Safeguards Cambodian Culture

Delve into how defending indigenous rights safeguards Cambodian culture, promoting diversity and preserving traditions for future generations.

Cambodia is a country with a rich and diverse cultural heritage, influenced by the ancient civilizations of India, China, and Southeast Asia((Cambodia | History, Map, Flag, Capital, Population, Language, & Facts | Britannica)). Among the many ethnic groups that inhabit the country, the indigenous peoples, also known as Khmer Leu or Highlanders, have a distinct identity and way of life that reflects their close connection to nature and their ancestral lands.

Indigenous Souy march during the IPs Day 2023 in Kampong Speu, (Photo by CIPA)

According to Cambodia’s National Report on Demographic and Socio-Economic Status of Indigenous Peoples((National Report on Demographic and Socio-Economic Status of Indigenous Peoples in Cambodia – Cambodia Indigenous Peoples Organization (cipocambodia.org))), there are about 22 different indigenous peoples in Cambodia, comprising about 1.25% of the total population. The largest of these groups are the Kuy, Bunong, Kreung, Jarai, Tampuan and Broa who live mainly in the northern provinces of Preah Vihear, Kampong Thom, Stung Treng, Kratie, Ratanakiri and Mondulkiri.

The indigenous peoples of Cambodia have their own languages, religions, customs, and traditions that differ from the dominant Khmer culture. They practice animism, worshipping spirits that inhabit natural objects and phenomena. They also have a strong sense of community and collective ownership of land and resources. They rely on shifting cultivation, hunting, fishing, and gathering for their livelihoods.

However, the indigenous peoples of Cambodia face many challenges and threats to their rights and cultures. They have suffered from decades of civil war, displacement, land grabbing, deforestation, mining, hydroelectric dams, and economic development projects that have encroached on their territories and disrupted their way of life. They also face discrimination, marginalization, poverty, illiteracy, and lack of access to basic services and opportunities.

The Cambodian government has ratified several international conventions and declarations that recognize and protect the rights of indigenous peoples, such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination, and the United Nations Declaration on the Rights of Indigenous Peoples((The rights of indigenous peoples | OHCHR )). The government has also enacted domestic laws and policies that aim to promote and safeguard the interests of indigenous peoples, such as the Land Law of 2001, the Forestry Law of 2002, the Protected Areas Law of 2008, and the National Policy on Development of Indigenous Peoples/Ethnic Minorities of 2009.

The government has recently promulgated the Environmental and Natural Resources Code, which incorporates all of the provisions of the Protected Areas Law and Forestry Law; however, indigenous input into the Code has received less consideration, causing concern among indigenous organizations and communities.

Indigenous Consultation workshop in Siem Reap on Law Amendment, 15-16 Aug, 2022, (Photo by CIPA)

These legal frameworks provide for the recognition of indigenous peoples as legal entities, the registration and titling of their collective lands, the participation and consultation in decision-making processes that affect them, the respect for their cultural identity and diversity, and the promotion of their social and economic development.

However, there is a gap between the law and its implementation. Many indigenous communities still lack legal recognition and land titles. Many face land conflicts with private companies, local authorities, or other settlers who claim or occupy their lands illegally or with dubious documents. Many are excluded from or coerced into development projects that do not respect their Free, Prior, and Informed Consent (FPIC). Many are denied or restricted from accessing their traditional forests, rivers, and sacred sites. Many are assimilated or pressured to abandon their languages, religions, customs, and traditions.

What Are the Rights of Indigenous Peoples?

Indigenous rights refer to the collective and individual rights of indigenous peoples, which are based on their unique cultural, social, economic, and political characteristics. These rights are crucial as they recognize and protect the distinct identities, languages, traditions, and lands of indigenous communities. Upholding indigenous rights is essential for promoting social justice, addressing historical injustices, and fostering reconciliation between indigenous peoples and the wider society. It also plays a significant role in preserving biodiversity and traditional knowledge systems that contribute to sustainable development.

Therefore, it is imperative that the rights of indigenous peoples in Cambodia are respected and protected in practice as well as in principle. This means ensuring that they have secure tenure over their lands and resources; that they have a voice and a choice in matters that concern them; that they have access to justice and remedies for violations; that they have opportunities for education, health care, employment, and income generation; that they have support for preserving and promoting their cultures; and that they have respect and recognition from society at large.

Protecting indigenous peoples rights means conservation of Cambodian cultures because these two aspects are interrelated and interdependent. The cultures of indigenous peoples are rooted in their lands and natural environment. Their lands and natural environment are sustained by their cultures and traditional knowledge. By safeguarding one aspect, we safeguard the other. By harming one aspect, we harm the other.

Upholding indigenous rights is crucial for preserving the rich cultural heritage of its indigenous communities. These communities have unique languages, traditions, and knowledge systems that are deeply intertwined with the country’s history and identity. By recognizing and protecting their rights, Cambodia can ensure the continuation of these cultural practices and promote diversity within its society. Additionally, by valuing indigenous cultures, Cambodia can foster a sense of pride and belonging among its indigenous peoples, contributing to a more inclusive and harmonious society.

The cultures of indigenous peoples are not only valuable for themselves but also for humanity as a whole. They represent a rich diversity of worldviews, beliefs, values, and expressions.

Empowering Indigenous Communities: Preserving Culture and Promoting Rights

Cambodia’s indigenous communities have long been marginalized and their rights disregarded. However, there is a growing movement to empower these communities, preserve their rich cultural heritage, and promote their rights. One such initiative is the establishment of Multilingual Education Program, which aim to provide culturally relevant education while also teaching mainstream curriculum. Through these schools, indigenous children are able to learn about their traditional language, customs, and practices, ensuring that they do not lose touch with their identity in an increasingly modernized world.

In addition to educational initiatives, various organizations are working towards empowering indigenous communities by supporting economic development projects that are based on sustainable practices and traditional knowledge. For instance, some communities are engaged in nature-based tourism ventures that allow visitors to experience authentic indigenous culture while also providing income for the community. These initiatives not only help uplift the economic status of indigenous people but also foster a sense of pride in their cultural heritage.

Moreover, it is crucial to note that empowering Cambodia’s indigenous communities goes hand in hand with advocating for the protection of their land and natural resources. Often faced with land grabbing and encroachment from external forces such as corporations or powerful individuals, many indigenous communities find themselves displaced or dispossessed. By promoting land rights and supporting legal frameworks that recognize communal land tenure for indigenous peoples, efforts are being made to safeguard both their culture and environment.

Some recommendations have been made by various stakeholders, including indigenous peoples’ organizations, human rights groups, and UN bodies for improving recognition and respect for indigenous rights:

Simplify and expedite the process of communal land titling for indigenous communities, and ensure that they are consulted and compensated fairly when their lands are affected by development projects or economic land concessions((https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=6380&file=EnglishTranslation)),((Indigenous World 2020: Cambodia – IWGIA – International Work Group for Indigenous Affairs)).
Implement the UN Declaration on the Rights of Indigenous Peoples, which Cambodia has adopted without reservation, and ratify the ILO Convention 169 on Indigenous and Tribal Peoples((https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=6380&file=EnglishTranslation)),((https://cambodia.ohchr.org/sites/default/files/book/DRIP-En.pdf))
Strengthen the legal and institutional framework for the protection and promotion of indigenous peoples’ rights, including their rights to cultural integrity, education, health, and participation((https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=6380&file=EnglishTranslation)),((https://www.iwgia.org/en/cambodia/3599-iw-2020-cambodia.html))
Enhance the capacity and awareness of government officials, civil society organizations, and the general public on the situation and needs of indigenous peoples, and foster intercultural dialogue and mutual respect((https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=6380&file=EnglishTranslation)),((https://www.iwgia.org/en/cambodia/3599-iw-2020-cambodia.html))
Support the empowerment and participation of indigenous peoples, especially women and youth, in decision-making processes that affect their lives and interests((https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=6380&file=EnglishTranslation)),((https://www.iwgia.org/en/cambodia/3599-iw-2020-cambodia.html)).