A/HRC/4/36
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becomes all the more important with the discovery of significant oil reserves in the Gulf of
Thailand. Foreign oil companies have reportedly signed contracts for their exploitation.
However, these contracts are not in the public domain.
79.
Two foreign mining companies have been granted an exploration licence for bauxite
over 100,000 hectares in the predominantly indigenous north-eastern provinces. Neither the
geographic scope of the licence nor the terms of the licence have been made public, despite
concern about the potential impact on local indigenous populations and the environment.
C. Indigenous peoples and access to land
80.
While indigenous communities in Cambodia face similar problems to other rural
Cambodians in relation to diminishing access to land, the impact has an added dimension owing
to their special cultural and spiritual relationship with and dependence on traditional lands as a
source of livelihood and identity.
81.
There is widespread concern about the future of indigenous communities in Cambodia, as
they are rapidly and steadily losing their traditional lands to private individuals and companies
through illegal or coercive land sales and economic land concessions. This alarming rate of land
alienation has grave social, cultural and environmental consequences, and action must be taken
before it is too late.
82.
A report released in May 2006 by the NGO Forum on Cambodia, a membership
organization for information sharing, debate and advocacy on important issues affecting
Cambodia’s development, estimates that in Ratanakiri province alone, between late 2004 and
early 2006, land alienation increased in severity in 30 per cent of the communes, and continued
unabated in the remaining 70 per cent. In provinces such as Ratanakiri, Mondulkiri and
Stung Treng, which have large indigenous populations, land grabbing and economic land
concessions have led to deforestation and loss of livelihoods and access to land.
83.
The Land Law recognizes the right of indigenous communities to collective ownership of
their land, which includes land used for residences and traditional agriculture. Indigenous
collective title can be granted over State private or State public land. While this is an important
recognition of indigenous land rights, the process of registration of indigenous collective title
remains long and uncertain. Pilot projects are under way to register indigenous land in
Mondulkiri and Ratanakiri, but the process of registration of collective title and overall policy
framework are unclear, with no designated lead Ministry.
84.
At the March 2006 Consultative Group meeting of donors and government, it was agreed
that a strategy and regulatory framework in relation to indigenous peoples would be finalized by
November 2006. However, there is as yet no clear policy or strategy on how to protect and
implement the rights of indigenous peoples, including their rights to land.
85.
A question commonly asked is: how much land will remain available for collective
titling once the administrative process for registration of indigenous collective title is clarified?
The process and impact of the alienation of indigenous land has been documented by NGOs, and
illustrates the urgent need for interim measures to protect land eligible for indigenous collective
ownership.
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