On the International Day of the World’s Indigenous Peoples 2019, we celebrate Cambodia’s Indigenous Peoples’ rights

CCHR met with local communities and Indigenous People in Kratie Province in March 2019 to get an update on their challenging experiences with the issue of land dispute.

On the occasion of the International Day of the World’s Indigenous Peoples, we wish to jointly celebrate Cambodia’s indigenous communities’ rights.

The rights of Indigenous peoples are guaranteed under Cambodian and International human rights law. These rights include the right to tradition, the right to religion, as well as the right to land and the right to free and informed consent.

Despite these guarantees, indigenous peoples in Cambodia have lost their land at an alarming rate due to large-scale logging of forests, resource extraction, infrastructure projects, and land concessions. In response to these challenges, the Royal Government of Cambodia (“RGC”) has, in theory, recognized collective land rights of indigenous peoples; the 2001 Land Law and the Sub-Decree No.83 on the Procedures of Registration of Land of Indigenous Communities provide for specific recognition of the concept of collective ownership of land, allowing indigenous communities to legally register their communal lands under collective land titles (“CLTs”).

Traditionally, indigenous peoples in Cambodia sustain their livelihoods through cultivating forested land, utilizing a technique known as shifting cultivation, as well as hunting wild animals and gathering forest by-products. In addition, the beliefs, traditions, and identities of indigenous communities in Cambodia are closely tied to the land, which carries major spiritual significance as a link to their ancestors and natural spirits. Despite the importance of land to indigenous communities and the comprehensive legal framework that protects their land rights, in practice the process of obtaining a CLT is lengthy and extremely complex, often subject to lengthy delays due to a lack of political will. Moreover, a lack of implementation of the law has led to Cambodia’s indigenous communities fast losing their communal land and natural resources. As of May 2019, only 24 out of 458 indigenous communities have received CLTs.

The alienation of indigenous people from their land threatens the very existence of Cambodia’s indigenous population. We therefore renew calls on the Royal Government of Cambodia to take appropriate steps to protect the rights of indigenous communities. In particular, the RGC should take concrete measures to facilitate the procedures for CLTs, in line with several recommendation accepted by Cambodia during it third Universal Periodic Review (“UPR”). These include the recommendations to “Take measure to simplify the allocation of community land concessions to indigenous peoples” (110.21), and to “Step up efforts in land matters, including through the effective and transparent implementation of measure to tackle land evictions, and provide the victims of land grabbing, particularly indigenous people, with fair compensation” (110.130).

Furthermore, indigenous rights defenders in Cambodia have faced increasing risks in conducting their legitimate work advocating for the promotion and protection of indigenous peoples’ rights, including acts of violence. We renew calls on the RGC to promptly take measures to protect human rights defenders (“HRDS”), and specifically ensure that HRDs are able to carry out their legitimate activities without fear or undue hindrance, obstruction or judicial harassment and other forms of harassment or violence. The RGC must also conduct impartial, thorough and effective investigations into all cases of attacks on and harassment and intimidation against HRDs, including indigenous rights activists, and bring the perpetrators to justice. This in line with Cambodia’s commitment under the UPR to implement a number of recommendations including the recommendation to “Protect […] human rights defenders, […] from harassment, arbitrary arrest and physical attacks, and investigate and prosecute the perpetrators of such attacks” (110.113).

Sopheap Chak, 8 August 2019.


Cambodian women are speaking up for their rights; it’s time we listen

The women of Boeung Kak Lake protest the destruction of their homes in 2012 (pictured centre: famous land activist Tep Vanny)

The women of Boeung Kak Lake protest the destruction of their homes in 2012 (pictured centre: famous land activist Tep Vanny)

Reflecting on International Women’s Day, CCHR looks at the Cambodian women who are challenging gender norms by fighting for their rights

In every facet of society, women across the world continue to possess fewer advantages while enduring greater threats to their safety and well-being. The abuse of women’s rights is considered by some as the concern of women, and women alone. This is not a ‘women’s issue’, it is a human rights issue.[1] In Cambodia, the simple act of a woman speaking out can be seen as defiant and abhorrent. Nevertheless, brave female activists are raising their voices amidst ongoing attempts from the authorities to silence them. As people held flash-mobs to raise awareness of women’s rights ahead of International Women’s Day, events planned by civil society groups to encourage and empower women in prison had to be cancelled due to new restrictions.

“Women continue to face discrimination based on negative social expectations and stereotypes”

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Biography of Mrs. Hang Chenda, Land Activist in Preah Sihanouk Province

Hang Chenda: “I dream of seeing a Cambodia that is governed by the rule of law. I want justice and real democracy, and environmental sustainability.”

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Hang Chenda at a recent training workshop.

Hang Chenda has spent her life fighting for justice for those who have been unfairly evicted from their land and to end the environmental damage that accompanies it.

Chenda grew up in Ouorknha Heng commune, Prey Nub district, in Preah Sihanouk province. She lived with her father, an Officer at the Department of Public Works and Transportation, and her mother, a housewife, along with two brothers and four sisters. In 1980, she commenced her study in “Pum Kampenh”, a primary school in Preah Sihanouk province. However, given the family’s limited financial resources and her many siblings, Chenda ceased studying after fifth grade. Today, she has two children, and continues to reside in Preah Sihanouk province.

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Forced to Sign Away Their Rights

Over the past 10 days, two separate incidents have shown how far the situation facing human rights defenders (“HRDs”) is from meeting international human rights standards. Staff from two separate NGOs were arrested, held without charge and released only after signing “agreements,” which are little more than attempts by the government to stifle civil society and to restrict the ability of HRDs to promote and protect human rights.

On 9 September 2014, Ms. Meg Fukuzawa and Mr. Lida Sok, two employees of Equitable Cambodia, were investigating the human rights impacts of evictions that resulted from industrial sugarcane plantations in Oddar Meanchey province when police officers asked to accompany them to the police station where they were questioned for nearly 24 hours. Meg was only released after signing an agreement promising to not file a complaint over her detention. Equitable Cambodia, CCHR and other NGOs released a joint statement expressing our concerns over these arrests.

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23 Reasons to Protest

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Protesters outside the Phnom Penh Municipal Court, 30 May 2014

Our tuk-tuk slows to a halt on Charles de Gaulle Boulevard.  Five of us, who have been piled on the sweaty pleather seats for the last twenty minutes, jump out of the vehicle and take in the surroundings.  The area is already swarming with people: sleepy-eyed police officers and security guards half-heartedly manning the black metal barricades, trial attendees waiting for the court doors to open, and passersby heading to work.

It is Friday, May 30th, and we are awaiting the court verdict for 23 human rights defenders and garment factory workers who have been detained since the beginning of January.  They are accused of instigating violence during strikes calling for minimum wage increases.

During the three days of the trial, CCHR and other human rights organizations noted that the defendants’ rights were violated on several occasions. The 23 were denied bail despite health concerns, initial access to their legal team, and adequate medical care. In addition, there was a complete lack of incriminatory evidence presented during the hearing, and the judge expressed an extreme bias in favor of the prosecution throughout the trial.

Several local and international CCHR staff, including myself, have arrived to monitor the trial and the protests taking place outside. Those inside will determine whether or not the defendants’ fair trial rights are respected, while those outside will observe the protests, operating as witnesses in case they turn violent.

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