“The land alienation of IPs was
further increased by the launch
of Directive 01BB, which lacked
clarity from the start and was
made even more complicated
by numerous policy changes.”
apparatus initiates the registration process)
and the bottom-up approach (whereby the
community initiates the process). In practice
however, only the latter process is being used.
Disregard for ELC procedures. At the root of the IP
land rights concerns is poor enforcement of and
compliance with the requirements of the Land Law
and Sub-Decree on Economic Land Concessions,
which govern the granting and management
of economic land concessions. Essential preconditions to the granting of concessions,
such as the registration of land as state private
land and conduct of public consultations and
environmental and social impact assessments
(ESIAs), are usually not met. Likewise, restrictions
on the size and ownership of ELCs have not been
properly enforced.
Complicated land-titling procedure. The
application process for a communal land title
is too complicated, time consuming and not
culturally appropriate for IP communities.
Level of awareness/dissemination
CSO-driven education and awareness raising.
The level of awareness of indigenous peoples
about their rights is usually very low. Exceptions
30
are communities in the Rattanakiri and Mundolkiri
provinces who are very well informed about their
land and natural resources rights.
Very little state-driven education efforts. Except
for the Ministry of Environment, which has
made some efforts at disseminating information
regarding the requirements of ESIA prior to
granting permissions for development projects,
none of the concerned ministries seem to be
actively promoting or disseminating the relevant
information to indigenous communities.
Lack of access to information. The granting of
ELCs to companies has been marred by secrecy
and lack of transparency. Some information
about ELCs is available on the Government
website but the information presented there
is by no means complete. There is no Right to
Information law in Cambodia and hence, when
adversely affected communities request the local
or provincial authorities for information about
the ELCs granted on their land or in the vicinity
of their communities, they are usually met with
refusal by the authorities.
Trends
ELCs. Concessions granted to Cambodian and
overseas companies are viewed as the biggest
threat to land rights, livelihoods and sheer
existence of the indigenous groups in Cambodia,
as many of the concessions encroach upon and
often take over the land used by IPs. This state of
affairs also undermines the ability of indigenous
communities to register their collective ownership
of traditional lands, and enforce their rights to
land under the Land Law.
Loss of livelihood and adverse impacts on
women. In 2012, ELCs with a total area of 17,856
ha were granted over the ancestral land of the
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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