Article

Cambodia: Half-hearted approach towards indigenous peoples’ rights

On 9 March 2009, in a plenary meeting presided over by Deputy Prime Minister Sok An, the Council of Ministers of the Royal Government of Cambodia agreed to replace the term “ethnic minority” with “indigenous minority” and reviewed the two draft policies pertaining to- (i) land registration and land use rights and (ii) development. [1]

Both these developments are welcome but the Royal Government of Cambodia needs to take more pro-active rights-based measures if it sincerely wants to uplift the conditions of the indigenous peoples. The replacement of the term “ethnic minority” with “indigenous minority” is encouraging but the term “indigenous peoples” should be more relevant as it reflects a rights-based approach. Given that Cambodia had supported the United Nations Declaration on the Rights of the Indigenous Peoples it should not have any hesitation to adopt the term “indigenous peoples”.

According to estimates given by the Department of Ethnic Minorities Development at the Ministry of Rural Development in December 2008, the total population of indigenous peoples is around 220,000 comprising 1.5 percent of Cambodia’s population. They are located in 15 provinces but concentrated mostly in Ratanakkiri, Mondulkiri, Preah Vihear and Kratie provinces.[2]? They are variously called as ethnic minorities, hill tribes, highlanders, highland people, and Khmer Leu; they often call themselves Choncheat.[3]? Earlier, the 1998 National Population Census identified 17 different indigenous groups.[4]? Failure to transform intended plans into action remains the single most obstacle in the uplift of the indigenous peoples in Cambodia. Similar commitments were made in the past but remained un-realised. The best example is failure of the government led by Prime Minister Samdech Hun Sen to finalize and adopt the draft policy pertaining to land registration and land use rights for years to facilitate the full implementation of the Land Law of 2001.

Discrimination against indigenous peoples persists. They remain excluded and are unable to take part in policy dialogue or the process of negotiation, especially on development activities.[5]

Indigenous peoples are marginalized in most aspects of life. Their population is small and negligible, disadvantaged by language, social and cultural barriers. To depict the present conditions of the indigenous peoples it is pertinent to examine the various issues that affect their lives and livelihood.

I. Land alienation

In Cambodia, indigenous communities are largely dependent upon their natural resource base for survival. As in other countries, indigenous peoples of Cambodia share a much stronger relationship with their land than other groups. So when they lose their land the consequences are more severe.

Without the requisite Sub-Decree on Procedures of Registration of Land of Indigenous Communities, the Land Law of 2001 is not implemented and alienation of indigenous land goes on unabated.[6] Almost eight years have passed since the passage of the Land Law in 2001, the Sub-Decree on Procedures of Registration of Land of Indigenous Communities is still a draft. The lack of implementation and enforcement has left indigenous peoples vulnerable to exploitation by commercial and state interests, which are increasingly attracted to the economic potential of the forests and fertile upland areas traditionally used and managed by indigenous communities.[7]

Alienation of indigenous land rights as a result of illegal land transactions has been plaguing many of the indigenous communities in the country, especially those in the Northeast. According to an August 2006 report of the NGO Forum, Cambodia titled, “Land Alienation in Indigenous Minority Communities-Ratnakiri, Cambodia”, in most of the communes in the districts of Andoung Meas, Bar Keo, Ou Chum, Ou Ya Dav, Ta Veang and Veun Sai in Ratnakiri province where the rate of alienation of indigenous land was low in 2004 became either moderate or high or severe in 2006. In those communes where the rate of alienation was high in 2004 became severe. In only two communes in Ou Chum district and one commune in Ou Ya Dav district where the rate of alienation was low in 2004 remain the same in 2006.[8]

II. Denial of rights to indigenous peoples through land economic concessions

According to statistics available in the website of the Ministry of Agriculture, Forest and Fisheries of the Royal Government of Cambodia, total land area of 895,176 hectares have been granted to 65 companies as of November 2008.[9] However, independent sources put total area of economic land concession at a much high figure. In a report, “Economic Land Concessions in Cambodia: A Human Rights Perspective” of June 2007, the United Nations Office of High Commissioner for Human Rights, Cambodia stated that over 943,069 hectares of land in rural Cambodia have been granted to private companies as economic land concessions, for the development of agro-industrial plantations. 36 of the 59 concessions granted until June 2007 have been granted in favour of foreign business interests or prominent political and business figures. These statistics exclude smaller economic land concessions (under 1,000 hectares) granted at the provincial level.[10]

Since 1996, successive Special Representatives of the United Nations’ Secretary-General for human rights in Cambodia have expressed concerns about the adverse effects of economic land concessions on the human rights and livelihoods of rural communities, most particularly the indigenous communities. Although the concerns raised over the past decade remain the same today, the Cambodian Government failed to effectively address the situation.

Economic land concessions have had a devastating impact on non-indigenous and indigenous communities alike, but indigenous communities are particularly vulnerable. Land and forest resources being central to their livelihoods, culture and traditions, loss of lands means loss of basis of their physical, spiritual and cultural survival. The following may be summarized as the common impacts of grant of economic land concessions- loss of livelihood due to encroachment on agricultural and grazing land; loss of access to forests and non-timber forest products due to encroachment on forested areas, displacement; deprivation of areas of cultural and spiritual significance; and environmental destruction.[11]

The root cause of the land rights problems is poor enforcement of and non-compliance with the provisions of the Land Law and Sub-Decree on Economic Land Concessions, which govern the grant and management of economic land concessions. In majority of the land concessions, the legal requirements as provided in the Land Law and Sub-Decree on Economic Land Concessions, such as the registration of land as state private land and conduct of public consultations and environmental and social impact assessments, have not been met. The alienation of indigenous land through the grant of concessions is undermining the ability of indigenous communities to register their collective ownership of traditional lands, and enforce their rights to land under the Land Law.[12]

III. Education

The overall situation in education sector in Cambodia is slowly improving as a result of the ongoing Education Sector Program. The situation is improving gradually after the expansion of bilingual education program. In 2002, UK-based CARE International, Cambodia has developed a bilingual education program for primary education using a community school model and the same is being implemented with the support of the Ministry of Education, Youth and Sport and groups of indigenous elders.[13]? The Ministry of Education, Youth and Sport (MEYS) has set up bilingual community schools in Stung Treng, Mondulkiri and Ratanakiri and a number of state schools have adopted bilingual education in the Kreung, Tampuen, Bunong and Kavet languages in Ratnakiri. The Royal Academy and the MEYS have also reportedly approved over 80 readers in different languages to be used in formal education.[14]

However, the efforts described above are yet to have their desired impacts in areas of indigenous peoples and lack of educational services still remain a serious problem that needs to be addressed. The situation of education is poor in areas with indigenous peoples. In the majority of indigenous villages, schools are not available above grades 2 or 3 and in numerous indigenous villages the existing schools are not functioning. Most schools in indigenous villages lack qualified teachers. At schools of higher level, indigenous students are reportedly required to pay large amount of money to be able to pass Ninth and Twelfth standards.[15] The number of indigenous peoples not having access to school or leaving school mid-way remained far higher than the national average.[16]

IV. Health services

Health status of indigenous peoples in Cambodia is significantly poorer and remains below the national average. For example, mortality rates for children under the age of 5 in Mondulkiri and Ratanakiri provinces, both having majority indigenous populations, are 165 deaths per 1,000 live births compared with the national average of 83 deaths per 1,000 live births.[17]

Malaria, tuberculosis, diarrhea, vaccine preventable diseases and acute respiratory infections continue to be endemic. Majority of children and most women are anemic, and rates of vitamin A deficiency are reportedly high.[18]

The majority of the indigenous peoples are yet to be significantly benefitted from the ongoing national health sector reforms as these are hardly available at health facilities in the province where indigenous people live. Language barriers and cultural differences between indigenous peoples and the public health service providers, who are mostly Khmer people, remain major obstacles. Money, transportation, language, discrimination, low levels of education and traditional beliefs/obligations are all cited as major barriers to accessing health services and information.[19]? Indigenous peoples are reportedly forced to pay high informal medical fees in order to get medical services and due to lack of staff who speak indigenous languages, the indigenous peoples face problems while accessing healthcare services.[20]

Indigenous peoples’ health is also threatened by activities (including displacement) that affect their traditional territories. Increasing degradation of natural resources has had telling effects on the already poor health and nutritional status of the indigenous people.[21]

V. Lack of opportunities for participation in decision/policy making level

In the absence of effective recognition and safeguard of their rights the process of decentralization that started in 2002 does not contribute much to empowerment of indigenous peoples in Cambodia. Rather than accommodating diversity, decentralization contributes to consolidating the societal institutions of the Khmer majority culture. Decentralization in its current design contributes to the marginalization of indigenous peoples by undermining the institutional and natural resources upon which their empowerment, participation and the reduction of their poverty depends.[22]

According to the NGO Forum, Cambodia, the current design of decentralization contributes to the marginalization of indigenous peoples in the following ways[23]:

a. Language barrier

Article 14 of the Law on Khum/Sangkat Administrative Management of 2001 requires that besides other qualifications, candidates for the commune council should be “able to read and write Khmer”. This requirement effectively deprives the indigenous traditional authorities from contesting commune election and favours young, Khmer-literate candidates. As a result, indigenous people are underrepresented in most commune councils.

b. Turning the indigenous peoples into minority due to drawing of commune boundaries

Due to the drawing of boundaries of Communes pursuant to the Commune Law of 2001, indigenous people became minority in most communes after their previously self-governing societies fell in different commune constituencies. Therefore, instead of empowering indigenous communities, the drawing of commune boundaries in many instances has turned the indigenous peoples into minority.

c. Decentralization facilitates migration of majority Khmers from outside

Decentralization contributes to in-migration, by establishing institutions of local governance that operate in Khmer language and are tailored towards the needs of the Khmer majority, allowing majority Khmer settlers to easily participate and advance their interests at the cost of traditional inhabitants. Moreover, infrastructure projects carried out by and funded through commune councils ease settler’s access to indigenous territories and resources.