Background
In December 2003, a number of NGOs
working with indigenous people, particularly in relation to land and forest
issues began meeting as an informal national network. Increasingly, it was
recognized that a more integrated approach to advocate on indigenous issues
needed to be developed and that the NGOs require further support in order to
implement this strategy. As a result, NGO Forum was approached to take a role
in co-coordinating and supporting those organizations working on indigenous
issues in Cambodia and, in particular, facilitating the development of a
national network of indigenous peoples. The Indigenous Minorities Rights
Project commenced in September 2004 and has significantly contributed to a
better coordination of the advocacy activities of NGOs, increasing indigenous
peoples’ awareness of their rights and the development of indigenous peoples’
networks.
As a first step, in September 2004,
the NGO network organised a national meeting on indigenous rights, held in
Kompong Speu province with participation from over 70 indigenous people from
14 provinces. In 2005, an informal network of indigenous community leaders
was formed, called the Indigenous Rights Active Members (IRAM), which took the
lead in organising a subsequent national forum. The NGO Forum also helped the
Highlanders Association, based in Ratanakiri Province, prepare itself to
formally register as an association with the Ministry of Interior.
Through the publication of a book
on “Rethinking Poverty Reduction to Protect and Promote the Rights of
Indigenous Minorities in Cambodia” and the release of a video on indigenous
land rights, “Land Crisis: Indigenous Land Alienation in Ratanakiri”, the
project has brought greater attention to the land rights of indigenous people
in Cambodia.
Project approach
– strengthening and supporting
The aim of this project is to
strengthen and support the work of the indigenous organizations and other NGOs
both to help people secure their rights to land at the grassroots level and to
advocate at the national level. One of the primary goals is to support the
development of a national network of indigenous people and assist that network
to develop its capacity to carry out advocacy activities. Further, the
project will provide information and networking support and advocacy
assistance to other NGOs already engaged in indigenous issues. These services
and support is expected to lead to a stronger voice for indigenous people in
advocacy at the local, provincial and national level and improved laws,
policies and government practices affecting the lives of indigenous people.
Conditions
for success
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Those indigenous community
organizations continue to develop and remain committed to working to secure
land rights at the grassroots level and to advocate at the national level.
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That the development of regional
and national indigenous networks continues to be of interest and importance
to indigenous peoples.
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That the NGOs working on
indigenous land and forest rights remain committed in their involvement in
these issues and to the NGO network.
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That the Cambodian Government
continues to work towards a Sub-Decree on the registration of indigenous
collective title, and related legislation on the recognition of indigenous
people’s communities (recognised community by-laws), and is receptive to
input from indigenous communities in the development of this legislation.
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That external factors do not to
lead to such a rapid loss of the forest resources and lands over which
indigenous people may claim tenure, that legislative and other efforts to
secure indigenous land rights fail.
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That the traditional authority’s
structure within indigenous peoples communities can be preserved and
strengthened, so that customary law and culture preservation can strengthen
community solidarity with regard to modern difficulties.
Resources
from NGO Forum
Since the time required to
effectively carry out this work is assumed to be quite substantial, the
initial focus is on land and natural resources, issues with which the NGO
Forum has already developed familiarity. However, it is envisaged that in the
future the project could be expanded to include other issues affecting
indigenous people such as education, health and culture.
Currently one Project Officer
facilitates the project, with assistance from the Programme Coordinator and
Adviser. However, as the project develops, additional staff and consultant
requirements may be identified. It has proved useful to review the workload
and focus of the project on a regular basis. In the medium to long-term the
aim is to transfer the resources and activities to indigenous peoples'
organisations, at which point NGO Forum's involvement would be scaled down.
Coordination
The project is working in close
cooperation with an Indigenous Minorities project run by the International
Labour Organisation (ILO) and a regional project of UNDP based in Bangkok.
The Action Plan will be reviewed from time to time, together with these
partners, to avoid overlaps and to allow each organisation to focus on their
area of comparative advantage. NGO Forum’s strength is its mandate to bring
together a network of NGOs, and through them to build a strong network of
indigenous people. The project also closely collaborates with relevant
government departments, especially the Department of Ethnic Minority
Development at the Ministry for Rural Development and the Ministry of Land
Management.
Indigenous communities in Cambodia have their ancestral
domains in a number of provinces including Kratie, Mondolkiri, Ratanakiri, Stung
Treng, Preah Vihear, Kompong Thom, Koh Kong, Pursat, Kompong Speu and Kompong
Som. The long-term well being of indigenous cultures is very strongly linked to
their land use systems and access to forest resources. At present land
alienation and deforestation in areas where indigenous communities live is an
alarming and growing problem.
Land problems
In Ratanakiri, NGOs have identified
numerous cases of illegal land sales and land grabbing. A workshop held in
Ratanakiri (Yam village) on 12 June 2004 with indigenous representatives from
the provinces of Ratanakiri, Mondolkiri, Kratie, Stung Treng and Preah Vihear
clearly confirmed that it was also happening in a number of other provinces as
well. In December 2004, the NGO Forum released a report on “Land Alienated from
Indigenous Minority Communities in Ratanakiri Province” which revealed rapid
land expropriation.
In Mondolkiri, very significant land
alienation in areas where indigenous communities live is also occurring,
particularly in areas near to the major roads. In addition, a large economic
land concession, exceeding the maximum size permitted in the Land Law, has taken
land from indigenous communities in seven communes, disrupting burial sites,
spirit forests, and grazing land.
The land insecurity and alienation that prevails at the
moment undermines the rights of indigenous peoples to preserve their culture and
traditions and to use their natural resources, and explains why more and more
indigenous communities, who are already vulnerable, are getting poorer.
Landlessness faced by indigenous peoples impacts on the enjoyment of their basic
social rights, such as health and education, and will constitute in the near
future a major impediment for reaching the Millennium Development Goals (MDG),
including the overarching goal of reducing poverty.
The Land Law 2001 provides for
indigenous communities to gain title to their land in the form of collective
titles. Many indigenous people in Cambodia manage their land communally and
continue to practice rotational swidden agriculture. However, the Sub-Decree
required to implement collective title is yet to be passed. In 2004, a National
Taskforce, Consultative Group and Legal Drafting Team set up to work on the
Sub-Decree, but other priorities and a lack of political will have stood in the
way of progress. The Ministry of Interior is beginning to prepare legislation
regulating the process of how indigenous communities may become legal entities.
It is essential that these processes involve meaningful consultation with
indigenous communities, and this will require significant input and coordination
among NGOs and indigenous associations
There is also an urgent need for
indigenous people to understand that their traditional rights to land and forest
and how these rights are protected, to some extent, under the Land Law 2001 and
the Forestry Law 2002. This will assist indigenous communities to mobilize to
protect their access to land and natural resources.
Forestry issues
For many indigenous people, access to
forest resources is essential to their livelihoods. As with all communities
that rely on forests to support their livelihoods, indigenous people in Cambodia
do not have secure access and management rights to forest areas. The Forestry
Law (2002) and the Sub-Decree on Community Forestry Management (2003) provide
some opportunity to secure indigenous people's use and management of forest
areas. However, significant challenges remain:
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In implementing the Sub-Decree on
Community Forestry Management, communities must be given access to high
quality mature forest and not only degraded forest areas.
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The development of community
forestry agreements for indigenous communities should be linked to the land
titling process as this will minimize the effort and expense required in
mapping and developing community management structures and by-laws.
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Areas of forest, especially spirit
forests, burial forests and small areas of forest amongst agricultural land,
should be included in communal land titles. Excluding these areas will have
the effect of greatly slowing the mapping process for communal title.
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There are still chronic abuses of
community rights due to illegal logging by military, police, business people
and government officials. These need to be addressed as a matter of urgency.
National Policy
The Inter-Ministerial Committee for
Ethnic Minorities Development (IMC) produced a Draft Policy for Highland Peoples
Development in 1997. Throughout 2004 and 2005, the Department of Ethnic
Minority Development at the Ministry for Rural Development worked to revise the
draft Policy, in discussion with NGOs and indigenous people. It is important
that there be a coherent national policy that allows for indigenous people to
guide their own development, and the Government should be encouraged to properly
consider all comments submitted and to adopt this Policy as soon as possible.
There is an urgent need for effective
coordination of advocacy efforts from NGOs and indigenous associations on the
issues of land grabbing and land titles, securing access to forest resources and
the overarching national policy framework relating to indigenous people.
There is an urgent need for a
moratorium on land sales and to cancel any economic land concessions that are
having a detrimental affect on the livelihoods of indigenous communities. The
communal land titling process needs to be sped up, and identified as an
indicator of reform efforts by the donor-government Consultative Group process.
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Indigenous
people's organisations and the Indigenous Rights Active Members network
supported by the project are organised into a national
network, become more effective in representing indigenous
people's rights regarding land and natural resources, and take steps to protect and register their lands.
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The
national network of NGOs working on indigenous issues is strengthened with the
support of NGO Forum.
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Indigenous
communities throughout Cambodia and all levels of government and donors are
informed about the importance of indigenous land
and natural resources issues through advocacy, publicity and
awareness raising activities.
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NGO
advocacy on indigenous land issues is supported by relevant research and there
is a national resource centre to house and disseminate information on indigenous rights issues.
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Gender
concerns are recognised and considered in project planning and implementation.
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