customary practice within the community while the community registration
takes time, and requires technical support and resources. However, economic
land concessions (ELC) and other development projects have been undertaken
without free, prior, and informed consent (FPIC) from the IPs concerned.
Predictably, many protests from the IP community have ensued. Some IP groups
have resorted to international institutions for remedy, which has highlighted the
lack of effective processes in the country.
Initiatives to Promote the BHR Principles in Cambodia
The Cambodian Human Rights Committee (CHRC) is a governmental
organization tasked to promote and protect human rights in Cambodia. CSOs
have already commenced discussions with the CHRC on the establishment
of a National Human Rights Institution (NHRI) which is independent from
government. In fact, CSOs have already prepared a draft law for the
establishment of such an institution, and it is now in the hands of government
for further input and action.
Academics also play a crucial role in promoting BHR. For example, academics
working for Bridges Across Borders Southeast Asia, the Centre on Housing
Rights and Evictions, and the International Accountability Project put together
a publication called “A Cambodian Guide To Defending Land and Housing
Rights” that aims to help communities host their own training sessions related
to BHR. The guide seeks to empower local communities by providing knowledge
about their legal rights as well as the Cambodian Government’s responsibilities
to prevent forced evictions. The guide demonstrates how academics play a
central role in the human rights movement by providing objective information
about legal rights, duties, and procedures related to BHR and by lending
legitimacy to activism on many politically-contentious BHR-related issues.
The efforts of academics and CSOs to work together and raise awareness
on BHR, and to encourage business actors and Cambodian authorities to adopt
and abide by the principles are vital.
Conclusion
The UNGP BHR is a UN instrument that is complementary to the other
human rights laws. So far there is not enough initiative to create dialogue
40
Upholding Land Rights amidst the Land Rush
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