Legal framework related to indigenous peoples’ land rights International law Cambodia is legally committed to the following international treaties, covenants agreements, and declarations: • United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). (However, the country has not ratified ILO Convention no. 169, which defines indigenous peoples’ rights to lands, territories and resources under international law.) • International Covenant on Social, Economic and Cultural Rights (ICESCR) • International Covenant on Civil and Political Rights (ICCPR) • International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) • Climate Change & REDD+ It has also to be noted that IP rights, including rights to land, territories and resources, are not a special new category of rights but form part of the indivisible human rights of all human beings, which are contextualized to reflect the group and communal dimension of IP way of life. Accordingly, all the rights of IPs are confirmed and underpinned by major human rights treaties. The Royal Government of Cambodia (RGC) has ratified most of the key international human rights treaties, with a bearing on indigenous peoples’ land rights, including the Convention on the Rights of the Child (CRC), Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), Convention Concerning the Protection of the World Cultural and Natural Heritage, and the Convention on Biological Diversity (CDB). 26 None of the international human rights instruments mentioned seem to be effectively enforced in Cambodia. Many of the treaty monitoring bodies and Special Procedures of the UN, such as the Special Representative on Human Rights in Cambodia raised concerns about land grabs and lack of respect for the rights of indigenous peoples to land. National laws, policies, programs, structures and mechanisms Land management Land Law 2001. In 2001 the RGC passed a new Land Law, which classified Cambodian land into five categories: State Public Property; State Private Property; Private Individual Property; Monastery Property, and Collective Indigenous Community Property (Land Law 2001, Art. 16). State Public Property (Articles 15 and 16 Land Law) is land held by the state in public trust, which carries a public interest use. State Private Property can be privately possessed, sold and owned. According to the Land Law 2001, State Public Property may be reclassified as State Private Property if the property loses its public interest use. According to the Land Law, any person who enjoyed peaceful, uncontested possession of land – but not State Public Land – for at least five years prior to the law’s promulgation has the right to request a definitive title of ownership. National Policy on the Development of Indigenous Peoples. In 2009, the Ministry of Rural Development (MRD) produced the National Policy on the Development of Indigenous Peoples (NPDIP), which was approved by the plenary of the Cambodian Council of Ministers on 24 April Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)

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