The Indigenous World 2023: Cambodia
Cambodia is home to 24 different Indigenous Peoples who speak at least 19 Indigenous languages.[1], [2] With an estimated population of 170,000 to 400,000, they constitute approx. 1.1 - 3% of the national population. Disaggregated data on Indigenous Peoples generally vary considerably between surveys.[3],[4],[5] Numbers are likely to be ambiguous since government data classify Indigenous Peoples by language and not ethnicity.[6] Furthermore, contemporary stigmatization of Indigenous Peoples in the Khmer society, as well as a legacy of fear of the devastating Khmer-Rouge regime, result in some Indigenous Peoples being unwilling to identify themselves to the authorities as Indigenous, for fear of repercussions.[7]
The Indigenous territories include the forested plateaux and highlands of north-eastern Cambodia, where the majority live in the provinces of Ratanakiri, Mondulkiri, Kratie, Stung Treng, Kampong Thom, and Preah Vihear.
Indigenous Peoples continue to face discrimination and forced displacement from their lands, which is extinguishing them as distinct groups.[8] These patterns are driven by ongoing State and transnational corporate ventures aimed at resource extraction (mainly mining, timber and agribusiness), coupled with growing in-migration from other parts of the country. Cambodia voted to adopt the UN Declaration on the Rights of Indigenous Peoples without reservation in 2007 and has ratified the CERD and the CRC but has still not ratified ILO Convention No. 169 on Indigenous and Tribal Peoples.[9],[10] Cambodia has further signed the Kyoto Protocol of 2002 and the Paris Agreement in 2017 and is a party to the UN Framework Convention on Climate Change.
Introduction
Throughout 2022, the repressive authoritarian regime of Hun Sen and the Cambodian People’s Party continued to repress civil and political rights via use of the Criminal Code, the State of Emergency Law, and the Law on Associations and Non-Governmental Organizations (LANGO), targeting press freedom, the right to peaceful assembly, civic organizations, Indigenous networks, non-governmental organizations (NGOs), individuals, as well as the opposition Cambodia National Rescue Party, which was banned in 2017.
In January, three journalists were arrested and charged with incitement under the Criminal Code on allegations that they had incited villagers to occupy State land during a broadcast regarding a land dispute.[11] In March, the UN High Commissioner for Human Rights expressed concern at the authorities’ use of COVID-19 restrictions to erode democratic and civic space, including as a pretext to break a lawful strike.[12] In May, a Cambodian journalist was released after serving eight months in prison charged with “incitement to commit a felony or create social chaos”.[13] The arrest happened after the journalist reported on a land dispute, which allegedly involved high-ranking officials in Botum Sakor National Park. According to the Cambodian Center for Human Rights, the government frequently uses criminal offences enshrined in the Criminal Code, including defamation, incitement, insult, and lèse-majesté to silence independent voices. Article 5(11) of the State of Emergency Law authorizes the government to prohibit any speech or expression that could “cause people panic or chaos or bring damage to the national security” or could “cause confusion” among the public. The law has been widely criticized as arbitrary and unclear since numerous statements could be interpreted as “causing confusion”.[14]
Conservation
According to the government, Cambodia is committed to sustainable economic growth and claims to protect the most vulnerable people in Cambodia.[15] In November, at the UN Framework Convention on Climate Change Conference of the Parties (COP 27), Cambodia signed contracts with international corporations for 15 million tonnes of carbon credits from Reducing Emissions from Deforestation and Forest Degradation (REDD+) projects. REDD+ projects aim to allow stakeholders to gain value from protecting and conserving their forestlands. On paper, the projects are acclaimed as a ground-breaking collaboration to end deforestation between the government, NGOs, local communities, and large companies.[16] However, various conservation projects are being established without the Free, Prior, and Informed Consent (FPIC) or involvement of the Indigenous communities living in the relevant areas. Indigenous Chong in the Cardamom Mountains and Kui in Prey Preah Roka are among the affected Indigenous communities who are facing the threat of losing their ancestral lands. NGOs assigned REDD+ projects have been observed threatening Indigenous Peoples if they have been farming or collecting non-timber forest products from their ancestral lands, which are officially under conservation. Indigenous Peoples are often excluded from areas they have been conserving for generations, consequently losing access to their livelihoods and natural resources.[17] The proclaimed collaboration with communities[18] to end deforestation is thus rarely achieved. Indigenous Peoples have been the stewards of these forests for millennia. They have the knowledge and are the most effective in conserving forests and should rightly be at the heart of efforts to conserve protected areas.[19]
Collective land titles
Despite the commitment made by the government to accelerate registration of Collective Land Titles (CLTs),[20] only five CLTs were approved in 2022, making a total of 38 CLTs granted to Indigenous communities. The prolonged process is still widely criticized as numerous Indigenous communities are facing challenges due to the complicated requirements for obtaining CLTs and due to the limitations on size of land enshrined in the law, which restrict Indigenous traditions and livelihoods. Moreover, communities that hold CLTs are still exposed to land encroachment, and face difficulties defending their lands due to a lack of enforcement by the responsible authorities,[21],[22],[23] including land encroachment by the local authorities for private land ownership. Additionally, the authorities occasionally appropriate established CLTs in the name of conservation, often without FPIC. Many Indigenous Peoples have consequently been criminalized because they practise traditional agriculture on their ancestral land. Indigenous communities have responded with protests and occupation of disputed land, filed complaints, and requested legal action.[24]
Amendments of laws concerning Indigenous Peoples
In the spring, the government initiated amendments to various laws affecting Indigenous Peoples, among others the Protected Area Law of 2008. The Protected Area Law deals with forests set aside for conservation such as national parks, wildlife sanctuaries, natural heritage sites etc., in which development is prohibited or limited for ecological or cultural conservation. The Protected Area Law of 2008 mentions Indigenous Peoples 23 times and “..recognizes and secures access to traditional uses, local customs, beliefs, and religions of the local communities, and Indigenous ethnic minority groups residing within and adjacent to the protected areas” (Art. 22). The law guarantees the rights of Indigenous Peoples to participate in decision-making on the sustainable management and conservation of biodiversity (Art. 4).[25] The law encourages local and Indigenous communities to participate fully in the provision of the protected area management, conservation, and development.
However, the draft amendment removes mention of Indigenous Peoples and reduces it to “local communities”, an alteration that denies them their rights under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Furthermore, the government failed to strategically involve Indigenous Peoples in the amendment process.[26]
In August, representatives from 151 Indigenous communities and organizations together with Indigenous lawyers held a consultative workshop to collect inputs on the draft amendments to the Protected Area Law and the Forestry Law of 2002. The workshop concluded that the amendments to the laws should incorporate individuals’ and the collective rights of Indigenous Peoples to access information in adequate time, as well as collective agreed mechanisms for full and fair consultation without intimidation, threats, or restriction of the rights over the management of land, forests, and natural resources. The recommendations further concluded that the laws should specify that Indigenous communities are socially and culturally distinct, which means that Indigenous societies are not the same as local communities. Further, the law should recognise rights and provisions of governance, which guarantee tenure of traditional rotational cultivation, as this ban is a serious violation of Indigenous rights and livelihoods. Moreover, the draft amendments should contain specific articles that recognize the adequate size and type of land use for collective land ownership that can support Indigenous Peoples’ livelihoods and culture. [27]
Representatives from the Ministry of Interior, Ministry of Rural Development, national and international NGOs also attended. The ministries noted the recommendations and affirmed they would follow up with their respective departments.
Criminalization of Indigenous Peoples
In Mondulkiri, 2022 was marked by a rise in the market value of land, along with an increase in land violations and criminalization of Indigenous land defenders. Spiritual mountains and burial land continued to disappear at alarming rates. While mountains constitute State land, which under Cambodian law is illegal to sell, interpretations of what constitutes a mountain have been bent in favour of development. Around Sen Monorom and Ou Reang district, the once beautiful, forested landscape has been replaced with a concrete landscape of cement covered with hotels, resorts, casinos, and shopping malls, along with agribusiness plantations, destroying up to 80% of the natural landscape.
Widespread corruption from top to bottom has resulted in an increase in land disputes between Indigenous communities and powerful tycoons and real estate traders.[28], [29], [30] Moreover, development has caused intra-community breakdown and conflicts. In some communities, Indigenous Peoples have been coerced into selling land, while some individuals have been involved in the illicit sale of Indigenous land. Real estate traders and concession holders have gradually begun taking legal action against Indigenous communities for trespassing, practising traditional farming and religious beliefs, and for living on their ancestral lands According to unofficial data, approx. 91 court cases criminalizing Indigenous Peoples took place in Cambodia in 2022. Meanwhile, the authorities have consistently ignored legal appeals by Indigenous Peoples[31],[32],[33] totalling around 50-70 cases. Many Indigenous Peoples who have been part of conserving the forests for generations are consequently being driven to losing their sustainability, identity, and religious beliefs as the authorities allow private companies to destroy their Indigenous foundations.[34]
Alongside increased encroachment onto Indigenous land, there is a rise in the presence of illegal loggers and immigrants from other areas of Cambodia, some of whom have brought drugs into Indigenous villages. Because of the significant loss of traditional livelihoods due to forest destruction, some have seen their livelihood reduced to illegal logging, this development has caused a rise in drug addiction, especially among Indigenous youth. Harmful casualties of these addictions can be seen in the form of increased illegal logging among Indigenous youth in order to earn enough to cover their addiction,[35] as well as domestic violence against Indigenous women and children.[36]
Prey Lang and Prey Preah Roka
In 2022, ruthless and alarming levels of illegal deforestation continued in Prey Lang and Prey Preah Roka forests, caused by national and transnational corporations coupled with the corruption of the authorities.[37] Despite overwhelming evidence from satellite images and ground verification conducted by Indigenous community networks, and national and international organizations, the Cambodian authorities continued to deny the presence of large-scale forest crimes within the protected areas.[38],[39]
Prey Lang and Prey Preah Roka include some of the largest remaining lowland forests in Cambodia and are home to approximately 250,000 Indigenous people. Within the protected wildlife sanctuaries, the Prey Lang Community Network (PLCN) and Prey Preah Roka Forest Community Network (PFCN), which consist mainly of Indigenous Kui, conduct peaceful forest patrols to document and prevent illegal logging.
Throughout 2022, the Ministry of Environment (MoE) continued to ban the networks from engaging in forest patrols.[40] Members of the networks describe how harassment, threats of arrest, intimidation from armed MoE rangers and attempts to coerce members to register under the criticized LANGO law were a constant in 2022.[41],[42],[43] Reports emphasize how illicit logging activities in the protected areas would be unachievable without the embedded corruption of the Cambodian authorities i.e., within the MoE, the military, and the police. By providing access to protected forests[44] and turning a blind eye to the transportation of illegally felled timber occurring day and night,[45] corruption is fuelling forest crimes linked to various economic land concessions.[46],[47],[48]
To further exacerbate forest destruction, the authorities and the Cambodian Schneitec Group have commenced the marking out of a new power grid, which is planned to cut across the Prey Lang wildlife sanctuary in order to connect Phnom Penh with electricity from high-polluting coal plants in Laos.[49] The area is one of high biodiversity and conservation value, including the endemic swamp forest[50] and Kui spiritual forests.[51] The Schneitec Group has yet to provide information as to the impact on the forest and compensation for land lost. Indigenous communities are concerned that changes to the forest will cause irreversible damage to the rich biodiversity and severely impact community members, many of whom do not hold Collective Land Titles.[52] As forests are intrinsically bound to the identity, language, culture, farming traditions and spirituality of Indigenous Peoples, forest crimes are fundamentally erasing their future and the rich biodiversity of Indigenous guarded forests.[53]
In November, PLCN, PFCN and the Monk Community Forest attended the UN Convention on Biodiversity in Montreal (COP 15). The three networks are working actively to protect forest and biodiversity in the Prey Lang, Prey Preah Roka and Prey Songrukhavorn by educating community members and engaging them in forest and biodiversity restoration, conservation, and protection, including observing illegal deforestation, forest crimes, transportation, and animal trapping. At COP 15, they urged the MoE to work cooperatively with community members to protect the forest. So far, despite the ban on their patrols and the increased legal and physical violence they face, including organised illegal logging by powerful tycoons, and government oppression, the Kui groups have refused to accept the government’s plans and remain determined to protect their ancestral forests.[54],[55]
Solidarity in opposition to corruption
Regardless of multiple and intensified threats, human right violations, and destruction of Indigenous lands, the solidarity and collaboration between various Indigenous Peoples of Cambodia was only strengthened during 2022. This unity gives hope to Indigenous Peoples for future campaigns, struggles and movements. However, if the authoritarian regime persists on a path of corruption, human rights abuses, non-democratic rule, and forest crimes in collaboration with the powerful elite, the conservation of forests and well-being of Indigenous Peoples will continue to diminish. The Cambodian authorities must make it a priority to crack down on internal corruption and forest crimes, and acknowledge the rich knowledge and resources of Indigenous Peoples as essential partners in conservation efforts.
This article was produced by the Cambodia Indigenous Peoples Alliance (CIPA). CIPA is an alliance of Indigenous communities and peoples’ organizations, associations and networks.
Katrine Gro Friborg is a researcher working on Indigenous rights and knowledge, gender, agroforestry and ethnobotanical relations.
This article is part of the 37th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2023 in full here.
Notes and references
[1] Cambodia Indigenous Peoples’ Organization, “Indigenous Peoples Data”, accessed on 29 December 2022, http://cipocambodia.org/our-work/developing-indigenous-peoples-center/#1585208858312-76224c71-df89
[2] OHCHR, “Committee on the Elimination of Racial Discrimination reviews report of Cambodia, asks about nationality, land grabs and civic space”, 29 November 2019, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25372&LangID=E
[3] Cambodia Indigenous Peoples Organization, “National Report on Demographic and Socio-Economic Status of Indigenous Peoples in Cambodia”, 23 October 2021, https://cipocambodia.org/national-report-on-demographic-and-socio-economic-status-of-indigenous-peoples-in-cambodia/
[4] National Institute of Statistics, Ministry of Planning Phnom Penh, Cambodia, “General Population Census of Cambodia 2008. National Report on Final Census Results”, 2009, accessed in February 2022, https://camnut.weebly.com/uploads/2/0/3/8/20389289/2009_census_2008.pdf
[5] Committee on the Elimination of Racial Discrimination (CERD), “Combined fourteenth to seventeenth periodic reports submitted by Cambodia under article 9 of the Convention, due in 2012: International Convention on the Elimination of All Forms of Racial Discrimination”, 2018, https://digitallibrary.un.org/record/1653468
[6] Ironside, Jeremy. “Localizing global concepts: an exploration of Indigeneity in Cambodia”. In Critical Asian Studies, volume 54, number 3, pp.374-397. Routledge, 2022.
[7] Charlotte Hinterberger, Bernice See, Sek Sophorn, Sochea Svay, Jade Tessier, Ek Yothin. Threatened Lands,Threatened Lives. Asia Indigenous Peoples Pact Foundation, 2014, https://aippnet.org/wp-content/uploads/2020/02/20.-Threatned-Lands-Threatene-Lives.pdf
[8] Committee on the Elimination of Racial Discrimination (CERD), “Concluding observations on the combined fourteenth to seventeenth reports of Cambodia.” 2020, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fKHM%2fCO%2f14-17&Lang=en
[9] Office of the High Commissioner for Human Rights (OHCHR), “End of the mandate statement by the Special Rapporteur on the situation of human rights in Cambodia”, 2021, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=27039&LangID=E
[10] International Labour Organization (ILO), “Up-to-date Conventions and Protocols not ratified by Cambodia.”, https://www.ilo.org/dyn/normlex/en/f?p=1000:11210:0::NO:11210:P11210_COUNTRY_ID:103055
[11] Buth Reaksmey Kongkea. “Five charged with incitement in K Chhnang.” Khmer Times, 10 January 2022, https://www.khmertimeskh.com/501003614/five-charged-with-incitement-in-k-chhnang/.
[12] The High Commissioner for Human Rights (Michelle Bachelet), “Global Update: Bachelet urges inclusion to combat "sharply escalating misery and fear”, annual Report and Oral Update on the activities of her Office and recent human rights developments at the 49th session of the Human Rights Council, 07 March 2022, https://www.ohchr.org/en/speeches/2022/03/global-update-bachelet-urges-inclusion-combat-sharply-escalating-misery-and-fear
[13] UN Human Rights Office of the High Commissioner (OHCHR), “State of Press Freedom in Cambodia”, 2022, https://www.ohchr.org/sites/default/files/2022-08/press-freedom-cambodia-en.pdf
[14] The Cambodian Center for Human Rights, ARTICLE 19. “Joint Submission to the UN Human Rights Committee in advance of its third review of the Kingdom of Cambodia”, 2022, https://www.article19.org/wp-content/uploads/2022/01/Cambodia-ICCPR-Joint-Submission_CCHR-and-ARTICLE-19.pdf
[15] Say Samal, National Statement Kingdom Of Cambodia, at The 27th United Nations Climate Change Conference, 15th November 2022, CAMBODIA_cop27cmp17cma4_HLS_ENG.pdf (unfccc.int)
[16] Jennifer, L. “Cambodia to Sell 15 Million Tonnes of REDD+ Carbon Credits.” Carbon Credits, 18 November 2022, https://carboncredits.com/cambodia-to-sell-15m-mt-of-redd-carbon-credits-to-corporates/
[17] CIPA documents 2022. Available upon request from Cambodian Indigenous Peoples Association.
[18] MoE, FA, MAFF, FiA. “Second Forest Reference Level for Cambodia under the UNFCCC Framework” Modified Submission, 3 February 2022, https://redd.unfccc.int/files/cambodia_2nd_frl_modification_submission_20213005.pdf
[19] Argyriou D., Theilade I., Bori P. “1st Forest Monitoring Report”. Under the project Citizens Engaged In Environmental Justice For All (CEEJA). University of Copenhagen, 2022.
[20] Royal Government of Cambodia, “National Strategic Development Plan 2019-2023”, adopted in 2019, http://cdc-crdb.gov.kh/en/strategy/documents/nsdp-2019-2023_en.pdf
[21]. Kingdom of Cambodia Nation Religion King, “Study report on Indigenous Collective Land Management and Use In Mondulkiri province”, 2022, by Secretariat Working Group April 2022. Available upon request from Cambodian Indigenous Peoples Association (CIPA).
[22] CIPA documents 2022. Available upon request from Cambodian Indigenous Peoples Association.
[23] Ironside, Jeremy. “Localizing global concepts: an exploration of Indigeneity in Cambodia”. In Critical Asian Studies, volume 54, number 3, pp.374-397. Routledge, 2022.
[24] Ibid.
[25] Kingdom of Cambodia, “Protected area law”, 2008, https://portal.mrcmekong.org/assets/v1/documents/Cambodian-Law/-Protected-Areas-Law-(2008).pdf
[26] RGC. 2008. Protected Areas Law, No NS/ RKM//0208/007. Accessed online Jan 2022. http://www.cambodiainvestment.gov.kh/law-on-nature-protection-area-protected-areas-law_080104_080104.html
[27] Joint Statement. CIPA documents 2022. Available upon request from Cambodian Indigenous Peoples Association
[28]Minea, S. “Indigenous people call police questioning injustice.” Khmer Times, 10 May 2022, https://www.khmertimeskh.com/501071994/indigenous-people-call-police-questioning-injustice/
[29] Minea, S. “Indigenous people lament court action in land dispute.” Khmer Times, 24 May 2022, https://www.khmertimeskh.com/501080683/indigenous-people-lament-court-action-in-land-dispute/
[30] Minea, S. “200 indigenous people protest against company for land encroachment.” Khmer Times, 17 March 2022, https://www.khmertimeskh.com/501042590/200-indigenous-people-protest-against-company-for-land-encroachment/
[31] Minea, S. “Indigenous people call police questioning injustice.”
[32] Minea, S. “Indigenous people lament court action in land dispute.”
[33] CIPA documents 2022. Available upon request from Cambodian Indigenous Peoples’ Association.
[34] Kongnov, T. “NGO urges law amendments to provide for indigenous people.” Khmer Times, 9 September 2022, https://www.khmertimeskh.com/501147611/ngo-urges-law-amendments-to-provide-for-indigenous-people/
[35] Koemsoeun, S. “Indigenous communities concerned over rising drug addiction.” Khmer Times, 10 February 2022, https://www.khmertimeskh.com/501022305/indigenous-communities-concerned-over-rising-drug-addiction/
[36] CIPA documents 2022. Available upon request from Cambodian Indigenous Peoples Association
[37] Amnesty International. “Cambodia: ‘Our traditions are being destroyed’: illegal logging, repression, and Indigenous peoples’ rights violations in Cambodia’s protected forests.” 28 January 2022, Cambodia: ‘Our traditions are being destroyed’: Illegal logging, repression, and Indigenous peoples’ rights violations in Cambodia’s protected forests - Amnesty International
[38] Argyriou D., Theilade I., Bori P.
[39] Minea, S. “No deforestation in Prey Lang Wildlife Sanctuary as alleged, MOE.” Khmer Times, 10 January 2022, https://www.khmertimeskh.com/501003726/no-deforestation-in-prey-lang-wildlife-sanctuary-as-alleged-moe/
[40] Flynn, G., Ball, A., Srey V. “Large-scale logging in Cambodia’s Prey Lang linked to politically-connected mining operation.” Mongabay, 26 May 2022, https://news.mongabay.com/2022/05/large-scale-logging-in-cambodias-prey-lang-linked-to-politically-connected-mining-operation/
[41] Yalirozy, T. “Indigenous Communities Accuse Environment Officials of Illegal Logging, Corruption.” Cambodianess, 2 February 2022, https://cambodianess.com/article/indigenous-communities-accuse-environment-ministry-of-illegal-logging-corruption
[42] Soriththeavy, K., Kroypunlok, M. “Prey Lang Community Forest Patrols Persist Despite Being Blocked, Held, Questioned.” VOD English, 4 October 2022, https://vodenglish.news/prey-lang-community-forest-patrols-persist-despite-being-blocked-held-questioned/
[43] Anonymous source Prey Lang.
[44] Amnesty International.
[45] Anonymous source of Prey Lang.
[46] Flynn, G., Ball, A., Srey V. “Large-scale logging in Cambodia’s Prey Lang linked to politically-connected mining operation.”
[47] Flynn, G., Ball, A., Srey V. “Opaque infrastructure project ‘a death sentence’ for Cambodia’s Prey Lang Wildlife Sanctuary.” Mongabay, 1 June 2022, https://news.mongabay.com/2022/06/opaque-infrastructure-plans-a-death-sentence-for-cambodias-prey-lang-wildlife-sanctuary/
[48] Argyriou D., Theilade I., Bori P.
[49] Flynn, G., Ball, A., Srey V. “Opaque infrastructure project ‘a death sentence’ for Cambodia’s Prey Lang Wildlife Sanctuary.”
[50] Theilade, I. Schmidt, L. Chhang Phourin, McDonald J.A. “Evergreen swamp forest in Cambodia: floristic composition, ecological characteristics, and conservation status.” Nordic Journal of Botany 29: 71-80, 2011, Evergreen swamp forest in Cambodia: floristic composition, ecological characteristics, and conservation status (utrgv.edu)
[51] Flynn, G., Ball, A., Srey V. “Opaque infrastructure project ‘a death sentence’ for Cambodia’s Prey Lang Wildlife Sanctuary.”
[52] Soritheavy, K., Keeton-Olsen, D. “ Power Line Markers Reveal Looming Path of Destruction in Prey Lang.” VOD English, 7 September 2022, https://vodenglish.news/power-line-markers-reveal-looming-path-of-destruction-in-prey-lang/
[53] Amnesty International.
[54] Ibid.
[55] Spirituality and Forest Protection. 2022. COP15-Joint Statement of The Prey Lang community Network (PLCN), The Prey Preah Roka Community (PFCN), and The Monk Community Forest (MCF).
Tags: Global governance
