In January 2008, a team of researchers went to Mondulkiri province and conducted interviews of 237 households. The general purpose of the study was to investigate the situation of villagers living in fi ve communes, Bu Chrey, Krang Teh, Sokh Sant, O Buon Leu and Nang Khi Loek, with a particular focus on indigenous peoples in these communities.
In May 2008, the team returned to present their fi ndings and initial recommendations to selected individuals in the communities who had been previously interviewed. The team sought to validate their fi ndings, and solicit the opinions of the villagers on what steps need to be taken to assist them. The team also met with provincial authorities and NGOs in Mondulkiri.
The general conclusions of the study are:
• While a basic legal and policy framework exists for the protection of the rights of indigenous peoples in Cambodia, enforcement of laws remains weak, and the rights of indigenous peoples are not consistently protected and promoted. Continuing loss of indigenous lands has led to loss of livelihood and increasing poverty for indigenous communities.
• There is a general lack of clarity, fi rst, in how different laws interact with regard to indigenous land vis-à-vis economic land concessions, protected areas and forests, community forests and the like. Which laws take precedence? How do the relevant Ministries interact or cooperate? Second, borders are unclear. Some of the borders between communes, between the jurisdictions of Ministries, even between residences have not been plotted or defi ned. Third, there is no public information or consultation on concessions prior to their granting, so those affected are often the last to know about concessions that affect their land use. Last, procedures and regulations are not explained to villagers. The present confusing situation benefi ts those who are involved in land grabbing and speculation, as well as those requesting grants of concessions.
By Maia Diokno. Research Team: Research Team: Maia Diokno, Mey Sovannara, Ross Vanna, Van Virak.
