2009. The main goal of the NPDIP is to improve
the livelihoods and accordingly the quality of life
of indigenous communities.
Economic Land Concessions
Sub-Decree on Economic Land Concessions
(ELCs). The Sub-Decree was adapted by the
RGC in December 2005, to establish the legal
and regulatory framework for the granting and
management of concessions. The following
conditions need to be met for an ELC to be
granted:
• The land must be classified and registered as
State Private land;
• A land use plan must have been adopted by the
Provincial-Municipal State Land Management
Committee and the proposed use of the land
should be consistent with this plan;
• An Environmental Social Impact Assessment
(ESIA) must have been completed in relation
to the land use and development plan for an
ELCs projects;
• The proposed land concession must present
solutions for resettlement issues and the
government shall ensure that there will be no
involuntary resettlement of lawful land holders
and that access to private land is respected;
• Public consultations with territorial authorities
and residents of the locality on the concession
projects have been held (Note that there
are no guidelines on how such consultations
should be conducted).
ELCs ranging from 1,000 to 10,000 hectares (ha)
can be granted to companies. According to article
5 of the Sub-decree, ELC applications should be
evaluated in light of the “promotion of living
standards of the people, perpetual environmental
protection and natural resources management
and avoidance or minimizing of adverse social
impacts“. Under Sub-decree No. 72 on the
A community representative of Prap Tuch in Busra Commune sharing his
sentiments about their lands being acquired by another party.
Photo by NGO Forum of Cambodia
Environment Impact Assessment Process, all ELCs
have to submit an ESIA study to the Ministry of
Environment to receive approval from the RGC.
ELCs and indigenous peoples’ rights
Land Law 2001. The law has specific provisions,
under articles 23 through 28, referring to land
rights of indigenous peoples. Article 23 defines an
indigenous community as made up of “members
who manifest ethnic, social, cultural and economic
unity and who practice a traditional lifestyle,
and who cultivate the lands in their possession
according to customary rules of collective use.”
Article 25 defines the land of indigenous
communities as those “where the said
communities have established their residences
and where they carry out traditional agriculture’.
Article 26 confirms that the property right given
to the community is a collective one. Article 27
provides for a situation whereby a member of
the indigenous community would like to exit that
community and claim his part of the property.
Lok Niti
27
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