A/HRC/42/60/Add.1
of many government and provincial officials on indigenous peoples. 69 There has been
progress in many areas, including in provision of education70 and healthcare. However,
concerns remain re health indicators especially in Rattanakiri and Mondulkiri provinces,
where a large number of indigenous peoples live. 71
44.
Land titling continues to be a problem. Progress remains slow with a cumbersome and
complicated procedure for securing communal land titles in Cambodia. 72 Whilst the Ministry
of Land Management, Construction and Urban Planning is progressing its ambitious plan to
resolve all land titling disputes by 2023, there is evidence that indigenous peoples will be left
behind.73 The Special Rapporteur has visited many indigenous groups during her mandate
including the Bunong peoples on Stung Treng Province affected by the Lower Sesan II
hydroelectric project74 and the Kui indigenous people in Preah Vihear Province who had
some of their farmland and spiritual forest cleared by sugar cane companies.75 The Human
Rights Committee has expressed concern that indigenous peoples were not sufficiently
consulted in the decision making process with respect to issues affecting their rights,
including management of their communal lands and the allocation of the land for extractive
industries and agribusiness.76 Advance consultation with indigenous peoples can reduce the
likelihood of problems, with innovative solutions often emerging from discussions. 77
45.
Cultural rights, including language traditions should be reflected in education (SDG
4.7) and local culture and products (with consent) promoted (SDG 8.9; 12.b). As has been
highlighted with children, indigenous people too are not a tourist attraction, it is up to the
people themselves to determine the levels of interaction with which they are comfortable and
to contribute to sustainable development, including tourism as they choose.
46.
Specific intensified efforts are required to ensure that indigenous peoples are
identified, and their specific needs considered through appropriate consultation, when
planning sustainable development activities and approaches. All too often, the small numbers
of persons involved in some areas means that they are in a very real danger of being left
behind.
D.
Persons of Vietnamese Descent
47.
The ethnic Vietnamese in Cambodia are a heterogeneous minority. Many are recent
migrants and people engaging in cross-border trade. Some are in Cambodia documented,
others undocumented, and they have many different residency statuses. The Special
Rapporteur has met with ethnic Vietnamese and Khmer Krom communities and, as per her
annual report, also met with many Vietnamese boat people on Tonle Sap in 2018-9.78 Many
of these people were born in Cambodia, and indeed living there for many generations. She
found that many individuals appeared to face challenges with birth registration and identity
cards, the lack of which inevitably had an impact on many other rights, particularly to basic
social services.79 Cambodian law allows children of non-citizens living “legally” in the
country to be issued birth certificate. However, local officials seem to conflate issuing birth
certificates with conferring citizenship, and refuse non-citizens of birth registration. The
absence of birth registration for children in these communities creates barriers for obtaining
other documentation relevant to exercising future rights and entitlements such as admission
69
70
71
72
73
74
75
76
77
78
79
14
A/HRC/33/62, para 11.
New National Action Plan for Multilingual Education.
JS1= Cambodia Indigenous Peoples Alliance (CIPA); Cambodia Indigenous Youth Association
(CIYA); Asia Indigenous Peoples Pact (AIPP),
https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRKHStakeholdersInfoS32.aspx para 27 and 37.
A/HRC/36/61, 27 July 2017, para 26.
KHM 6/2017.
A/HRC/39/73, para 32; KHM 2/2017; for Bunong people in Mondulkiri, see KHM1/2015.
A/HRC/39/73, para. 32; KHM 6/2018.
CCPR/C/KHM/CO/2, para. 28.
A/HRC/27/52, para. 19.
A/HRC/42/60.
A/HRC/36/61, para 34.
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