A/HRC/33/62
documentation at the various stages of the process outlined above, contributing to delays at
the ministries.
16.
As at May 2016, 118 indigenous communities had been recognized as such by the
Ministry of Rural Development; 90 were recognized as legal entities by the Ministry of
Interior, although only 11 communal land titles had been issued. During their meeting, the
Minister indicated to the Special Rapporteur that titles for 14 more communities were
pending, and that the Ministry’s goal was to have 50 titles awarded to indigenous
communities by 2018. If implemented as intended, this would mark a notable and welcome
acceleration in the process. The Special Rapporteur understands the challenges faced by
States in delineating indigenous land, particularly when many indigenous peoples engage in
rotational and slash-and-burn farming practices. The Special Rapporteur is aware of the
challenges delineating land concessions and land claims. She was informed by the Ministry
of Land Management of developments in using trees, poles and microchips to demarcate
boundaries more effectively, even though the lands used by many indigenous peoples are
still not demarcated. Areas of land, river and especially forest can have strong spiritual
connections. Many Cambodian indigenous peoples have “spirit forests” that may be distant
from their current village. Communities may not understand the legal issues concerning
access to disparate areas of land and the need for securing transit zones, resulting in
tensions between communities and businesses.
17.
Particular challenges arise when land titles cannot be granted. In March 2016, the
Special Rapporteur visited Stung Treng province and the site of the Lower Sesan II
hydropower dam. She met with the communities affected, both in their traditional villages
and in a new resettlement site. The dam, one of a series and expected to contribute to the
State’s growing energy needs, is a high-priority government project. Although hydropower
projects might be considered a “clean” energy solution, they inevitably have a substantial
impact on the adjacent land and the peoples that inhabit them. In this instance, the dam will
stretch over several kilometres and have an impact on the Mekong waterway, particularly
along the Sesan and Srepok tributaries, damming the lower level of the Sesan River. An
environmental impact assessment undertaken on the project identified the economic and
social impact of the project, in particular on the right to a safe, clean, healthy and
sustainable environment. Six villages, including those with indigenous peoples, will have to
be relocated in advance of the flooding of the reservoir in 2017. Adequate consultations are
necessary to ensure free and prior informed consent of communities for resettlement, even
if resettlement is ultimately unavoidable. The actual content of the compensation packages
offered did not appear to be fully understood by some of the villagers with whom the
Special Rapporteur met, even though the authorities have worked to provide land, housing,
health, education and transitional financial and food support. In one instance, the
communities and authorities agreed that the land at the resettlement site was not of
appropriate agricultural quality. The authorities then agreed to alternative land selected by
the communities affected, albeit some 20 km from the resettlement site. Problems remain
for indigenous peoples, however, such as the loss of burial grounds or spiritual forests.
Some peoples indicated a preference to remain on their original land, even in floating
houses, if necessary, in order to remain in proximity to their traditional lands. The viability
of such an option does not appear to have been presented to or considered by the
authorities. There is a clear need for adequate consultation with affected communities:
sufficient time, good translation, more sensitivity to cultural practices and more
consideration of the feasibility of alternatives suggested by the community members
themselves.
18.
During her field trips to Stung Treng and Preah Vihear provinces, the Special
Rapporteur was particularly struck by the number of women attending meetings to raise
their concerns over land and cultural rights, in particular usufructuary rights, education, the
freedoms of religion and belief, and burial issues were particularly prominent concerns. In
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