A/HRC/45/51
homeless or living in informal settlements. They will also help to protect the entire world’s
population by flattening the curve of the COVID-19 pandemic.28
32.
The Special Rapporteur notes that 30 indigenous communities have now received
collective land titles from the Ministry of Land Management, Urban Planning and
Construction. A total of 131 have received recognition of their status from the Ministry of
Interior, and 151 communities have received recognition of their indigenous identity from
the Ministry of Rural Development.
33.
Despite these developments, and previous commitments to simplify the communal
land titling process for indigenous peoples by accepting relevant 2019 universal periodic
review recommendations,29 the existing land titling process remains cumbersome and slow
to secure protection for indigenous peoples, largely undermining procedural safeguards
rendered by current national legislation. The Special Rapporteur has received consistent
information that many indigenous and local communities living within, or adjacent to,
environmentally protected areas have restricted access to their traditional land. Despite
provisions in the protected areas law of 2008 allowing access, local environmental authorities
often deny them this right, sometimes leading to tensions and criminal action against
community leaders or activists.
34.
On 6 May 2019, the Ministry of Rural Development issued circular No. 148/19
establishing a technical working group on the preservation and development of indigenous
peoples. The working group included representatives from over 20 ministries, local
authorities’ representatives from 15 provinces, 4 civil society organizations and 2 United
Nations agencies. The Special Rapporteur is dismayed to note that the Ministry of Rural
Development dissolved the working group on 4 February 2020, without providing any
official reason.
C.
Leaving no one behind
35.
Over the past five years, the Special Rapporteur has placed an emphasis in her reports
on the situation of many individuals and groups in Cambodia who are marginalized,
especially vulnerable and at risk of being left behind. She has made a number of
recommendations calling for full realization of the rights and freedoms of everyone in
Cambodia, many of which are yet to be implemented. In particular, she has raised the
possibility of enacting a comprehensive non-discrimination law.30
36.
In the fourth quarter of 2019, the Committee on the Elimination of Discrimination
against Women recommended that the State should ensure that its national legislation
includes a definition of discrimination against women, covering direct and indirect
discrimination in the public and private spheres, including intersecting forms of
discrimination, in line with article 1 of the Convention, as accepted by the State party
following its third universal periodic review.31 Following their constructive dialogue a month
later, the Committee on the Elimination of Racial Discrimination recommended that the State
party expeditiously adopt a comprehensive law that defines and prohibits direct and indirect
racial discrimination on all prohibited grounds, in line with article 1 of the Convention, and
develop a national action plan against racial discrimination.32
37.
The Special Rapporteur welcomes the number of recommendations accepted by the
Government during its third universal periodic review to improve the protection and
promotion of the rights of the most vulnerable in Cambodia.33 The Bolivarian Republic of
Venezuela, for example, highlighted the need to strengthen social policies in favour of
28
29
30
31
32
33
8
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25727&LangID=E.
A/HRC/41/17, paras. 110.20–110.23 and 110.130.
A/HRC/42/60, para. 74 (i).
CEDAW/C/KHM/CO/6, para. 9 (a). See also A/HRC/41/17/Add.1, para. 2.
CERD/C/KHM/CO/14-17, para. 12.
See also A/HRC/42/60/Add.1, which addresses those likely to be left behind in the country’s
development.
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