human rights defenders etc. (see more at www.
aippnet.org).
Change of political landscape and culture in
Cambodia. The contested July 2013 elections
to Cambodia’s National Assembly showed an
appetite for change in the way the country has
been governed by the ruling Cambodian People’s
Party. According to official preliminary results,
the opposition CNRP party won 55 out of the 123
seats in the lower house of parliament, taking
away at least 20 seats from the CPP. If the two
parties will be able to resolve the current political
deadlock and form a government, the influence
of CNRP, which was very vocal about remedying
land rights abuses in the country, the climate for
promotion of land rights in general and IP rights
specifically, could lead to accountability for rights
abuses and real change on the ground.
REDD+ as leverage for recognition of rights. The
Cambodian Government could prove relatively
open to engage in dialogue on forest rights under
the REDD+ Cancun Agreement.
Indigenous Peoples’ Forum as a networking and
leverage platform. IFAD’s Indigenous Peoples’
Forum, a process of dialogue and consultation
between representatives of IPs, IFAD staff
and member states also offers a space for IP
organization members to share information with
each other and to promote their participation in
institutional outreach and learning events.
Recommendations
Government
Implementation of the already existing legal
and policy framework. While this seems a rather
obvious recommendation, it cannot be repeated
enough. Secure customary land rights of
“The Cambodian Government
could prove relatively open to
engage in dialogue on forest
rights under the REDD+ Cancun
Agreement.”
indigenous peoples in Cambodia will never really
be attainable unless and until the authorities
show and exercise the political will to implement
the already existing laws and policies.
Regulating
company
behavior.
Another
absolutely necessary step for the promotion and
protection of IP land rights is the regulation by the
RGC of companies coming to invest in Cambodia
as well those domiciled in the country.
Protect IP territories. The authorities should take
immediate steps to ensure that the territories of
indigenous peoples are protected in the interim
period prior to the completion of the titling of
indigenous peoples’ lands required under the
2001 Land Law, including actions listed below:
• Rapidly recognize the indigenous identity
of people who self-identify as indigenous
peoples through official census, accepting that
indigenous communities may also exist within
geographic villages.
• Amend the Forestry Law to ensure that
indigenous peoples are recognized as
traditional owners and managers of the forests
they have traditionally used and managed, with
at least inherent co-management/ownership
rights.
• Ensure that no further concessions are issued
or land transferred in areas with indigenous
peoples, regardless of whether or not
Lok Niti
41
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