Summary of IP consultation Result...

Summary of Results of Regional and Provincial Consultation

Workshops on Registration of Indigenous People’s Land

Introduction

The 2001 Land Law calls for the registration of communal lands of indigenous people, but to the present there is not yet a sub-decree to implement communal land titling. At the same time as the Government is developing a strategy for communal land titling, a working group of NGOs involved in indigenous people’s land has begun a process of consultation with indigenous communities, with representatives from relevant Ministries invited to attend. The process of the consultation was supported by Norwegian People's Aid and the Canadian International Development Agency, with additional support from NZAID, IWGIA, GTZ, Action Aid, USAID, MacArthur Foundation.

Regional and provincial workshops were held following an initial national-level workshop on indigenous people and land issues, held in Kompong Speu on 9-12 September 2004, in which indigenous people from 14 provinces participated. Total participants are 75, 27 female participated all kinds of IPs groups.

With cooperation by NGOs working closely with the issue of indigenous people’s land, the following national and regional consultation workshops on registration of indigenous people’s land were held:

Provincial workshop in Ratanakiri on 23 September, 2004. There were 71 indigenous participants with 17 indigenous women. They are Kreung, Tampaun, Charay, Prov and Kachork.
Regional workshop in Kompong Thom on 18-20 November, 2004. This workshop included participants from Kompong Thom, Preah Vihear, Siem Reap, Banteay Meanchey and Oddar Meanchey Provinces. Total participants 82, 33 female came from Kauy group.
Provincial workshop in Kratie on 21-23 December, 2004. Participants came from communities in Kratie and Kompong Cham Provinces. Total participants 62, 15 female came from Steang, Kuay, Kroal, Mil and Khonh.
Provincial workshop in Stung Treng on 27-29 December 2004. Total participants63, 21 female came from Kroeng, Proa and Phnoong.
Provincial workshop in Mondulkiri on 24-26 January 2005. Total participants 60, 15 female came from Steang and Phnoong.
Regional workshop in Kompong Speu on 22-24 February 2005. Participants came from communities in Kompong Speu, Kompong Som, Koh Kong, Pursat, and Battambang. Total participants 51, 7 female came from Sauy, Por, Chorng and Saoch.

The indigenous representatives participating in the regional and provincial workshops above were nominated by their own villagers.

Through these workshops, communities talked about:

The situation with regards to traditional management and use of land by indigenous people.
Recommendations of indigenous people related to communal land titling
Problems indigenous people are currently facing related to land.
Requests of indigenous people related to land titling. [Top]

1. The situation with regards to traditional management and use of land by indigenous people

1.1 Communities:

Every indigenous community (group of people using land together) is made up of one or more traditional villages, that all have similar characteristics. Each traditional village has leaders such as chah srok, chah tum, me kantreanh (traditional authorities), village spirits (neak ta phum) for which everyone in the village participates in a ceremony every year, spirit forests, and burial forests.

A traditional village can be smaller or larger than an administrative village.Some traditional villages have existed for a long time, and others have only recently been established. The villagers in each traditional village are all related to each other, but this does not mean that everyone is descended from a single family.

Traditionally, outsiders could not just join a village at will; they had to have the consent of village members and traditional authorities. Someone with a bad background would not be allowed to join. In general, people who are related to people in the village can join; people can also join by marrying into the village. Currently this is still the case in most villages. In the case that non-indigenous people are living in indigenous villages, if they have lived there for a long time, have not caused problems and respect the local traditions, in most cases they will be considered to be village members.

Traditionally, a village member has to ask permission before leaving a village permanently.

1.2 Community land

There is a clear boundary around the land of each community, which may cross village or commune boundaries. Within the boundary there are all kinds of land, including residential land, agricultural land, streams, hills, open areas, different kinds of forests, etc. [Top]

In the past, and currently, villagers generally could and can cross community boundaries to fish or collect forest products, but they could not cross community boundaries to clear swiddens. However, in some places in Mondulkiri and Koh Kong villagers living in nearby communities can cross back and forth to clear swiddens. But they cannot cross community boundaries to build houses one would first need to become a member of the village.

In cases where there are several traditional villages within one community, it is usually because either the villages all split from one original village, or because there has been intermarriage between the villages resulting in sharing of the land area between the villages. In all of the cases, it would be possible to define the boundary between individual villages.

Determination of the boundaries between communities has been done by village elders and community members on both sides of the boundary.

In Siem Reap and Pursat, there are cases in which villagers houses are not on the community’s land, though they continue to manage the community land.

1.3 Leadership and decision-making

In each traditional village, there are traditional authorities; a few also serve as government-recognised village chiefs.

The number and kind of traditional authorities differ from one region to another. In the case of the Punong, each traditional village has elders (called puranh bon) of whom one is the most important. In the case of the Kui, there is a chah srok (1-3 people) in addition to chah tum (village elders).

In cases where there are several traditional villages in the same community, there is no overall leadership, only leaders in each village.

The selection of traditional authorities differs from region to region. In some places there is a selection process (sometimes using raising of hands to confirm selection), in others selection is based simply on people having respect for someone, or a continuation of a family line.

Traditionally, traditional authorities had a role in conflict resolution, facilitating communities, and leading traditional ceremonies. Traditional authorities could decide who can join the village and could “luek” or fine people who violated customs.

Traditionally, traditional authorities had less power than the community. Major issues were decided by the entire community (such as the delineation of boundaries).

1.4 Land management

Traditional land management depended entirely on beliefs and customs, not on laws. For example, people did not clear swiddens in areas of big forest because of the spirits in those areas. And before clearing swiddens, people have to first hold ceremonies for the spirits.

People from all places said that traditionally they never sold land. However, land could be given to relatives in the village, and sometimes the person giving the land would receive some compensation for the labor they had invested in the land. Currently, in some places people sell land in violation of tradition.

Traditionally, there was a concept of “individual” or “family” land, such as paddy and residential land. Such land is inherited, but could not be sold, and if there were no heir the land would revert to the community. Traditionally, swidden land is usually not inherited (though in Battambang it is) and when one leaves the village or dies, it reverts to the community.

Traditionally, people told each other and held ceremonies to ask permission from spirits before clearing a new swidden.

2. Recommendations of indigenous people related to communal land titling

Community members cannot sell land to outsiders, but can exchange or transfer land to other members of the community.
Someone who is not indigenous, but has lived in the community for a long time and respects the traditions, can become a member of the community.
All kinds of land that lie within the boundaries of the community are to be included in the communal title.
All land within the boundaries of the community that has been sold illegally must be reclaimed in order to be included in the communal title.
Only indigenous communities themselves can determine who is indigenous, and who is a member of their communities.
Traditional authorities and community members must have a role in managing communal land.

3. Problems faced by indigenous communities

In-migration, selling of land within communities, and land-grabbing, especially in Ratanakiri, Mondulkiri, Kratie, Kompong Thom, and Kompong Speu.
Granting of indigenous people’s land for the establishment of a military base, in Krang Dong village, Preah Khleang Commune, Tbeng Meanchey District, Preah Vihear Province.
Granting of concessions to companies, such as economic land concessions (including Wuzhishan in Mondulkiri, New Cosmos in Kompong Speu, and An Mady Group in Kompong Thom, concession along the Vietnamese border in Gnan village, Pokngay commune and Yaktong commune in Ratanakiri), mineral concessions (including to the Try Pheap company in Stung Treng and Delcom in Preah Vihearand gem mining concessions in Kob village, Tingchhark commune in Ratanakiri), and forest concessions (including Chendar Plywood, TPP and Timas in Preah Vihear, and Everbright in Kratie and Stung Treng). [Top]

4. Requests to the Government by indigenous people

We request that the role of traditional authorities in communal land management be recognized.
We request that communal land titling be carried out quickly.
We request that in-migration be stopped, that outsiders be prevented from grabbing land in our communities, and that buying and selling of land in our communities be stopped.
We request that there is an enforced moratorium on land sales and transfers in areas that could be eligible for communal title (selling would have to require full proof that the land was definitely NOT eligible for communal titling)
We request that the Government stop the anarchic cutting of trees and violation of our land by outsiders and powerful people.
We request that laws and by-laws be made appropriate to the traditions of each group of indigenous people.
We request that indigenous groups be given the right to manage themselves.
We request that the Chinese company (New Cosmos) be removed from the hot springs area in Kompong Speu, that there be no mineral exploitation in the community in Mon and Anlong Chrey villages in Stung Treng, and that the company planting pine trees be in Mondulkiri be stopped.
We request that indigenous communities have the right to clear swidden according to the traditional ways.
We request that there be dissemination of and education on the law for indigenous communities. In many areas this must be done in local indigenous languages by people who are trusted by communities.
We request that nothing be done to the sources of water that villagers in indigenous communities use.
We request that the Royal Government demarcate community boundaries according to where they are defined by the community.
We request that the Government consult with the relevant communities before doing any development projects.
We request that the Government support our communities and resolve the various problems that they face.
We request that the results of the workshops be recognized, including the community representatives who were elected during the workshops, and that the existing laws be implemented effectively.

NGOs recommendation related to RGC

*RGC should enforce a moratorium on land sales and transfers in areas that could be eligible for communal land title (selling would have to require full proof that the land was definitely NOT eligible for communal titling).

*RGC should establish a sub-decree on the registration of indigenous land title urgently, as indigenous communities have requested.

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