are driven by different interests and objectives
and that they need to find a common ground –
one that follows domestic and international laws
and best practices, gives equal weight to all the
voices in the discussion and preserves IP lands
and culture.
Government for the people. The vast body of
literature about the impact of ELCs on IP land
rights and recent interviews with CSOs and IP
groups confirm that the leading problem with
regard to securing land tenure by indigenous
communities is the lack of transparency in the
granting of ELCs and lax enforcement of the
existing laws and regulations. Until and unless
these issues and the lack of political will to
implement the legal provisions ensuring land
rights of IPs are effectively addressed, the secure
land tenure of IPs will be very difficult to achieve.
Corporate capture of government at all levels.
Another key issue that is intrinsically linked to the
lack of enforcement of the current legal regime is
the overwhelming problem of ‘corporate capture’
of the Cambodian government. It has been largely
documented by CSOs and local media that the
ruling political elite often has direct or indirect ties
with companies that are interested in investing in
“...the leading problem with
regard to securing land tenure
by indigenous communities
is the lack of transparency in
the granting of ELCs and lax
enforcement of the existing laws
and regulations.”
38
the land inhabited by IPs. In fact, government at
all levels of the chain of command is involved in
questionable but lucrative deals with companies
applying for ELCs. This evident conflict of interest
needs to be tackled and the government needs
to introduce legislation regulating human rights
impacts of companies on IPs and Cambodians in
general.
IP voice and leadership. In order for any
meaningful change and advancement of
indigenous peoples’ land rights to take place, the
movement needs to be led by the IP communities
themselves. The IPs need to be at the forefront of
mobilization and advocacy efforts for their own
rights and need appropriate platforms to voice
their concerns. The IP voice needs to be present in
policy considerations at all levels of government,
from local through to national authorities. This
requires up-scaling empowerment, education
and awareness raising among IP communities.
As Mr. Vuthy, one of the IRAM members pointed
out: “one of the best ways to empower indigenous
peoples is to make sure that they contribute
their own financial resources to the community
movement fund, so they can use it for various
activities and take ownership in it.“ Another
key factor needed for the IP movement to grow
in strength is the improvement of networking
among the IP communities themselves. This is
elaborated on in more detail in the succeeding
sections.
Greater understanding of IP issues by all
stakeholders. Members of relevant ministries,
parliamentarians and government officials at
local and provincial levels need to have a better
understanding of international human rights
laws, domestic legal provisions and procedures
regarding IP land and resource rights. The same
applies to companies, Khmer-speaking media and
the general public. Without greater awareness
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