New Challenges and Increasing

Pressures on Customary Land

Rights in SEA Phnom Phnom Penh,
Cambodia
18-22 October 2009

NGO Efforts to influence

the legislation process in
favour of IPs: Lessons
learned and challenges for
the future
m G c s
Presented by Mr. Yeng Virak,
C L E C CLEC Executive Director
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 Outline of the presentation
I. Overview of legal framework on
customary land rights
II. NGO assessment of ongoing policies
and programs of government in
relation to customary land rights
III. NGO (incl. CLEC) interventions
IV. Impact, challenges and lessons
learned

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 I. Legal Framework on IPs
Rights
 Policy and laws- relatively progressive.
 Cambodia Constitution
 Land Law 2001:
 Collective ownership of indigenous communities
 Forestry Law;
 Sub-Decree on Addressing the Socio-
Economic Impacts of Dev. Project (ASEIDP);
 National Policy on the Dev. of IPs; and
 Sub-Decree on Procedures of Registration of
Land of Indigenous Communities (PRLIC)
April, 2009.

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 I. The legal framework on IP land
rights
The Cambodian Constitution
The IPs of Cambodia are protected the Cambodia
Constitution (Article 31, the international
covenants and conventions relating to human
rights represent binding domestic law in
Cambodia.

Land law (2001) provides for collective ownership by

the indigenous peoples as one of the five major land
classifications (Art 23).
The Law recognizes the indigenous customary rules for the management of
the indigenous community: “ the groups actually existing at present
shall continue to manage their community and immoveable
property according to their traditional customs”.

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 National Policy on Development of
Indigenous Peoples
The policy provides more comprehensive
protections related to education,
health, land,… and cultural well-being
of the indigenous people.

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 The Sub-Decree on Procedures of
Registration of Land of Indigenous
Communities
Art. 4: Land which is to be registered as
collective ownership of IP community
includes:
1). Private State land:
 Residential land or land which is reserved
for building residences;
 Traditional agricultural land, actual
cultivated land and farmland recognized by
administrative authorities and neighbors;

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 The Sub-Decree on Procedures of
Registration of Land of Indigenous
Communities (continued)
2). Public state land such as:
 Reserved land necessary for the shifting of
cultivation recognized by the administrative
authorities and neighbors;
 Spiritual forest land can have one or more
places for each community, with the total land
size not more than 7 hectares; and
 Forest land of cemetery can have one or
many places for each community, with the
total land size not more than 7 hectares.

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II. NGO efforts and assessment on
Gov’t policies and programs on
customary land rights and IPs
The Land Law- relatively progressive
 As a result of more 2 years of intensive legislative
campaign
Nationally: incl. Council of Ministers,..
Internationally: with ADB, in Japan, CG meetings
 A Local and International NGO Working Group on Land
Law; chronology of events, parallel drafts, etc.

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II. NGO efforts and assessment on
Gov’t policies and programs on
customary land rights and IPs
Forestry Law
 Protects traditional access rights to forested
land and forest resources. It provides “The
State ensures customary user rights of
forest products and by-products for local
communities and as further provided in the
provisions of this Law or other relevant laws
(Art. 2).
 The Forestry Law classifies “spirit forest” as
“protected forest”
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II. NGO efforts and assessment on
Gov’t policies and programs on
customary land rights and IPs
The Sub-decree on ASEIDP (2008)
 NGO and Community Network representatives

advocate on this, but not successful.

 Community consultations,

 Lobby with the drafter (MoEF), the ADB, the WB,

Donor Meetings, etc.

 It undermines existing laws that protect

indigenous and minorities rights; fails to meet

international HR standards.
 It is an ongoing challenge and continued
advocacy.
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II. NGO efforts and assessment on
Gov’t policies and programs on
customary land rights and IPs
(Continued)
Sub-Decree on PRLIC:
 It has advocacy efforts of local and indigenous
communities with local and international NGOs and
IOs on the law, but not that successful.
 The Land Law does not limit the number of hectares
of spirit forest and burial land indigenous peoples
communities can own. BUT
 The Article 4 of the Sub-Decree on Procedures for
Registration of Land of Indigenous Community sets a
limit of only 7 ha.
 As this may problematic in implementation compare to the
indigenous communities’ current use of spirit forests and burial
land? It remains an issue on IPs rights.

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 III. CLEC’s interventions
Two intervention strategies:

1. Legal Empowerment of
communities; and

2. Influence policy and law

development and implementation.

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 III. CLEC’s interventions
 Legal awareness;
 Radio and TV spots, talk shows, publication,
 Press conferences; Public Forum,
Newspaper
 Legal trainings;
 Peace Tables- community hearing;
 Legal aid:
 Legal consultation
 Legal representation
 Legal defense
 Policy and Legislative advocacy and
litigation
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 4. Positive Impacts
 The communities and land right advocates
were better understand, they stand up against
the violators.

 Community representatives and grassroots

advocates of target communities have been
more confident and effective in exercising and
defending their rights, in influencing policy,
laws and government decisions.

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 Challenges and lessons

learned.
A big divide between policies, laws and
reality;
 Abuse of powers,
 The weak, the poor, vulnerable groups like
IPs are often at the losing end of the growth
the Government is promoting.
 The legal system is being used to make lives
of those land right advocates, incl. IP ones
more miserable. Often they face criminal
charges, arrests, imprisonment.
 Things seem going back to square-one

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 Lessons Learned
 As active citizens, continue to
engage and hold duty bearers
accountable for their legally
mandated duties.
 NGOs play supporting roles to
grassroots communities, IPs
collective actions for positive
changes.

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sUmGrKuN !
THANK YOU!

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