at different levels of the government, they are
generally not very vocal about the indigenous
peoples’ agenda.
While the ruling Cambodian People’s Party is
behind the passing of the laws and regulations
stipulating communal land rights of indigenous
peoples, it seems to lack the political will to ensure
that these laws are respected and implemented.
The leading opposition party, CNRP, was very
vocal about land issues, including “land grabs“ in
Cambodia, during its election campaign in 2013.
Land rights were very much a present issue during
the speeches of opposition leader Sam Rainsy,
who repeatedly called for an end to land grabs
and promised to rescue Cambodia’s forests and
natural resources.
Local government
Provincial Governors. Under a 2001 Joint
Circular of the Ministries of Interior and of Land
Management, Urban Planning and Construction,
provincial governors are responsible for issuing
interim protection letters each time a community
files an application for a communal land title.
The provincial/municipal and srok/khan
Cadastral Offices. These Cadastral offices
implement all instructions issued by the Central
Cadastral Administration.
Customary/traditional authorities. Traditional
authorities tend to have some variation across
different communities but generally are composed
of a chief elder (mé kântreanh) who derives his
authority from the local village spirits. The mé
kântreanh advises on customs, ceremonies and
sacrifices, while sub-elders lead dispute resolution
cases based on their knowledge of customary law
and their reputation.
Local authorities in general. One of the key roles
of all local authorities is to support the efforts
of IP communities in securing their land tenure
and manage their natural resources. However,
it is allegedly the authorities at the local level
that are most often obstructing/hindering the
achievement of land rights by IPs. Village and
commune chiefs are often accused of colluding
with the authorities higher up in the levels of
command, as well as the companies involved
with ELCs and other powerful actors.
Donor agencies and international institutions
The relevant financial institutions with policies
and/or safeguards on indigenous peoples’
rights include: the World Bank (WB), the Asian
Development Bank (ADB) and the International
Financial Corporation (IFC).
Private sector
The adverse impacts of the private sector
activities are felt very strongly and continuously
by the IPs across Cambodia. According to rights
groups, three quarters of Cambodia’s total arable
land mass is leased to private companies via
ELCs. It is estimated that land grabbing through
ELCs has affected 400,000 Cambodians in twelve
provinces since 2003.
Private enterprises operating in Cambodia often
fail to carry out an ESIA prior to beginning their
projects and fail to properly consult the indigenous
communities that stand to be adversely affected
by their operations.
Civil Society and Social Movements
Indigenous Rights Active Members (IRAM),
which was formed in 2003, is the key indigenous
peoples network in Cambodia. This is an informal
Lok Niti
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