ABSTRACT
Cambodian land and forests laws are designed to protect all tenure rights, including the rights of indigenous peoples. Cambodia also voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples, which requires indigenous peoples to give free prior informed consent before relocation. As the executive body, the government’s role is to enforce the law strictly to safeguard people’s rights. However, the government has interpreted the rights to immovable property of indigenous peoples and communities in a way that undermines and excludes a major part of social and cultural practice on the land and in territory claimed by indigenous peoples ostensibly protected by law. Displacement has taken place under force and with the full backing of the government rather than with the free, prior informed consent of the people affected. There is a huge gap between the Cambodian legislative standard and recent practice in Cambodia. An independent and accessible judiciary that could conduct fair hearings of appeals on land matters would make a big difference in enforcing citizens’ rights and freedoms and in helping to preserve the unique social and cultural identity of indigenous peoples.
