A/HRC/36/61
overcrowding. Its results should be carefully reviewed by the Ministry of Justice to
determine whether the programme could, when accompanied by appropriate public
education and awareness-raising programmes, limit the number of prisoners while ensuring
the maintenance of law and order. The Ministry of the Interior should continue to work on a
holistic response to the poor conditions in prisons and the problems caused by
overcrowding. Although doing so would involve a significant expense, the rights of all
detainees must be fully protected.
C.
Indigenous peoples
25.
The Special Rapporteur reviewed the situation of indigenous peoples in her previous
report (see A/HRC/33/62, paras. 11-18). As of May 2017, 124 indigenous communities
have been recognized as such by the Ministry of Rural Development, 109 have been
recognized as legal entities by the Ministry of the Interior and 14 communities have been
granted communal land titles (those 14 communities hold 459 communal titles). This is a
modest increase over the previous year. The Ministry intends to issue 50 titles by the end of
2018, but the complexity and cost of obtaining communal land titles (approximately
$70,000 per title) impede the process. However, while communal land titles can provide
protection for indigenous communities, they cannot be used as collateral for loans and
therefore reduce the opportunities for communities to access financing and to develop
economically.
26.
In October 2016, the Special Rapporteur met Suoy community groups and received
petitions from other indigenous groups. It was clear that land titles continued to be a
problem. Progress remained slow and indigenous peoples continued to draw the Special
Rapporteur’s attention to the cumbersome and complicated procedure for securing land
titles in Cambodia. (All petitions received were taken by OHCHR Cambodia for
processing.) Many of the complaints received on land cases had been raised before judicial
and non-judicial bodies, senior government ministers, the national commission for land
dispute resolution and the parliamentary committees on human rights and justice. Alleged
victims were apparently appealing to multiple bodies and were finding the legal and
administrative mechanisms complex and ineffective.
27.
Members of the Suoy indigenous community encountered additional problems when
some members successfully registered individual land titles under one directive while other
members of the community were seeking community land title for a reduced area of
claimed land. Many Suoy people claimed they had lost their farmland to economic land
concessions, had received inadequate compensation and were destitute.
28.
The Special Rapporteur recommends that the Government consider simplifying the
communal land titling process to reduce the number of steps required and that it allocate
additional funding for the development of indigenous communities. She suggests that the
Government review current laws and policies to ensure the fulfilment of its obligations
under the United Nations Declaration on the Rights of Indigenous Peoples and that it
disseminate and implement the Declaration at the local level.
D.
Minorities
29.
Minority groups are entitled to specific protection under article 27 of the
International Covenant on Civil and Political Rights. In addition, article 31 of the
Constitution provides that Khmer citizens are equal before the law and enjoy the same
rights, liberties and duties regardless of race, colour, sex, language, belief, religion, political
tendencies, birth origin, social status, wealth or other situation.
30.
During the reporting period, the Special Rapporteur examined the situation of
minority groups, including ethnic and religious minorities living in Cambodia, in part
because she received expressions of concern on the issue of statelessness. Her preliminary
findings are outlined below.
8
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