Civil society’s participation in the draft Land Law dialogue for land rights protection
The Cambodian government has drafted an entirely new Land Law (the draft law), more than 20 years after the promulgation of the 2001 Land Law. Acknowledging the importance of participation from civil society, local communities, and indigenous peoples (IPs), Open Development Cambodia (ODC) formally sought an opportunity to review the draft law and was able to provide constructive inputs based on dialogues with relevant stakeholders. In late January 2024, the Ministry of Land Management, Urban Planning and Construction (MLMUPC) drafted a comprehensive new Land Law, comprising seven titles, thirteen chapters, and a total of one hundred and ninety-nine articles. ODC formally submitted an official letter to the MLMUPC, requesting an opportunity to review and provide constructive inputs on the draft law. The MLMUPC approved the request and shared the draft law with ODC, providing a short window until 16 February 2024 for submitting inputs. Dialogues highlighting key issues such as the need to protect collective rights, in particular, the rights of Indigenous peoples ODC hosted two dialogues on the draft new Land Law – one on 13-14 February in Siem Reap Province and another on 15 February in Phnom Penh. The two dialogues were supported by the United States Agency for International Development (USAID) through Family Health International (FHI 360) under a Cluster Anchor Grant from the Civil Society Support (CSS) Project, ALIGN and LANDESA. During the first dialogue, a Cambodian legal expert presented an analysis of key articles of the draft Land Law to the participants. The participants then discussed and provided their inputs, concerns, and recommendations for the draft law. Representatives from Indigenous peoples’ (IP) communities who were present during the dialogue raised concerns about the limited time provided for comprehending the proposed legal amendments, conveying their understanding to the communities, and gathering inputs from their members. They felt that the dialogue was more of an informative session than a consultative one. As a result, representatives from the indigenous communities were unable to provide their input on the draft law and requested an extension of time for the consultation process. ODC and our partners sympathized with the response from the IP communities, as the timeline for the input was also a huge challenge for the team. The second dialogue was held on 15 February in Phnom Penh, to consolidate the inputs and recommendations derived from the first dialogue in Siem Reap Province. Following the dialogues, ODC and partners prepared and submitted the consolidated inputs and recommendations to the MLMUPC. The document is published on the ODC website, and is publicly accessible. The document highlights several key issues, such as the need to clarify the protection guarantees for collective ownership, right to use, right to enjoy the fruit of the land and rights related to land and other immovable properties of IPs and Buddhist monasteries. The input also requested further consideration towards gender equity and the protection of the rights of IPs and local communities. In early March, ODC attended a meeting hosted by the Land Law Working Group at the MLMUPC. According to the MLMUPC, more than 15 inputs from ODC were incorporated, including issues regarding the classification of public state land and private state land, the timeframe for the registration of communal land titles for IPs, promotion of equity in land rights and land administration, the specification of a timeframe for complaints, a filing process for complaints, and elaboration on the glossary. ODC and our partners shared concerns regarding the time window for the submission of input. The time window for translating the draft law into English and sharing it with our international legal experts, as well as holding dialogues, meant that the input document did not cover all the key points as thoroughly as it could have, if more time were given in the first round. After the input submission, ODC hosted additional discussions and meetings and collaborated with partner organizations to gather more inputs. On 11 March 2024, ODC hosted a knowledge sharing session on Women\'s Rights in Land Ownership and Natural Resource Management (NRM). Additionally, on 22 March 2024, ODC attended a meeting held by the Land Law Working Group of the MLMUPC to discuss the inputs that the working group has received so far. On 26 March 2024, ODC attended another workshop hosted by MLMUPC on the draft law. Then, on 26 April 2024, ODC and partner organizations supported a meeting organized by My Village (MVi) for consultation on the draft law, focusing on the process and challenges of indigenous communal land titling. According to a Ministry officer, MLMUPC will continue to review and incorporate inputs as appropriate and will share a further revised draft law with relevant stakeholders. Based on that advice, ODC and partner organizations continued to review and collect further inputs for the revised version of the draft law and submitted our second round of inputs on the revised draft law on 7 June 2024. On 19 June after submission of our inputs on the revised draft law, MLMUPC shared with ODC the latest version of the draft law. ODC observed that none of our second round of inputs were taken and incorporated in the latest draft. ODC and partner organizations wish to be given further opportunity for a more constructive and serious consultation with the MLMUPC to discuss our inputs point by point. The importance of national and international alliances to ensure an inclusive land law reform that protects the rights of all citizens The collaboration with ALIGN and LANDESA has enabled ODC to engage in consultations with national and international stakeholders on the land law reform process in Cambodia, aligning with relevant international standards and principles of responsible investment in land governance. By uniting all stakeholders, ODC tries to promote transparency and responsible investment in land in Cambodia. The inputs submitted by ODC amplify the voices of local communities to the government, an important factor for promoting sustainability and inclusivity in land rights for every Cambodian. While not all inputs and recommendations from ODC and our partners are expected to be taken by the government, the collaboration has sparked important discussions, particularly concerning land rights and land administration among underrepresented groups such as IPs, women, widowers, and LGBTQ+ individuals. Moving forward, ODC commits to continue working with partner organizations and stakeholders to discuss and explain our second round of inputs and provide more precise and complete suggested changes to the draft law to ensure that the new law is enabling, inclusive, equitable and effective, with minimized unintended negative impacts on vulnerable groups such as traditionally separated spouses, IPs and their communities, LGBTQ+ and unregistered land possessors, and avoiding regulatory or administrative taking of land and immovable property rights without fair and just compensation.
Empowering women’s rights in land ownership and natural resource management: Insights from a knowledge-sharing event
On 11 March 2024, Open Development Cambodia Organization (ODC) in collaboration with Gender and Development for Cambodia (GADC) with funding from the United States Agency for International Development (USAID) through Family Health International – Civil Society Support Activity (FHI360-CSS), Advancing Land-based Investment Governance (ALIGN), and Landesa hosted an important discussion on “Women’s rights in land ownership and natural resource management (NRM)” at the Heinrich Boell Stiftung (HBS) Office in Phnom Penh with 22 enthusiastic participants (15 females) from various organizations. “Why was this event so significant?” It aimed to foster an inclusive dialogue about gender equality and women\'s participation in Cambodian land and natural resource governance. Just a month earlier, on 01 February 2024, ODC received an important letter from the Ministry of Land Management, Urban Planning, and Construction (MLMUPC) regarding the draft land law. This encouraged a series of dialogues with various stakeholders to review the draft and gather inputs. The goal of this discussion was not to gather inputs for the draft land law, but rather to share experiences and knowledge about women\'s challenges in land and natural resource management. ODC opened the event with a keynote speech emphasizing the commitment to gender equality in land ownership and NRM. ODC thanked all participants and highlighted the importance of open dialogue. The goal was to foster an environment in which everyone felt encouraged to freely share their ideas, resulting in a comprehensive post-discussion report. The discussions explored Cambodia\'s legal landscape regarding women\'s land rights. The Cambodian Constitution, particularly Articles 31 and 45, expressly guarantees women\'s rights and prohibits discrimination against them. Cambodia\'s commitment to international human rights instruments, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), strengthens these rights. Global frameworks such as the Sustainable Development Goals (SDGs) and regional initiatives such as the ASEAN Gender Mainstreaming Strategic Framework both promote gender equality in land rights. The participants\' insights served as the event\'s core. One participant pointed out that the current legal framework does not explicitly reflect the LGBTQIA+ community, particularly in terms of inheritance and property rights from same-sex partners. This gap highlighted the importance of comprehensive legal reforms that recognize different family structures and ensure equitable property rights. Another significant issue raised was the effective implementation of international treaties and agreements in Cambodia\'s complex legal environment. Despite having approved numerous human rights treaties, effective enforcement remains a challenge. Participants emphasized the importance of incorporating these international provisions into applicable national laws to effectively address gender and land rights issues. Practical challenges for women in land ownership and NRM were also highlighted based on the participants’ experiences working with the communities, particularly women. One of the examples of indigenous women is that when they promote their rights, they frequently face obstruction from male community members. This highlights the need for targeted support mechanisms and capacity-building initiatives to empower women leaders in their communities. Other participants described that women\'s desire for land ownership is frequently motivated by their roles as primary carers and their responsibility for household prosperity. However, cultural norms and traditional roles continue to be significant barriers to women\'s active involvement in land governance. Alternative dispute resolution (ADR) mechanisms were identified as a useful tool for resolving land conflicts. ADR provides a non-adversarial and cost-effective approach to dispute resolution, which is especially beneficial to marginalized communities. However, women\'s representation in these mechanisms remains low, highlighting the need for more inclusive practices. The knowledge-sharing event on women\'s rights to land ownership and NRM demonstrated the power of collective commitment and collaboration. It brought diverse voices together to address complex issues, laying the groundwork for future efforts to create a more equitable and sustainable future for all Cambodians, particularly women. As we move forward, we must continue to foster inclusive dialogue, promote comprehensive legal reforms, and implement targeted capacity-building initiatives. By doing so, Cambodia can take significant steps towards recognizing, respecting, and protecting women\'s rights in land ownership and natural resource management.
Sixth Science Talk on the drought situation in Cambodia
CamboJA, in collaboration with the Open Development Cambodia Organization (ODC), organized the 6th Science Talk on the Drought Situation in Cambodia on 30 January 2024. The event was attended by 35 participants (19 women), including representatives of civil society organizations, university students, and journalists. Thank Mr. Hour Ix, Reginal Drought Management Expert of the Mekong River Commission (MRC), for sharing his experience, knowledge, and expertise on this topic. This activity is funded by USAID through FHI360, under the Civil Society Support (CSS) project, and co-implemented by CamboJA and the Open Development Cambodia Organization (ODC).
Strategic Environmental Assessment (SEA) partner meeting with the Netherlands Commission for Environmental Assessment
On 20 October 2023, the ODC team traveled to Utrecht City, the Netherlands, to engage in a crucial meeting with Dr. Arend Kolhoff, Technical Secretary of International Cooperation at the Netherlands Commission for Environmental Assessment. ODC has been collaborating closely with the commission on providing inputs to the draft general guidelines for Strategic Environmental Assessment (SEA) and SEA for sand mining along the Mekong and Bassac Rivers in Cambodia. The primary objective of this meeting was to critically update the progress and challenges that have emerged within the area of SEA in recent times. The discussion focused on the ongoing work regarding SEA within the Cambodian context. The National Council for Sustainable Development (NCSD) of the Ministry of Environment of the Kingdom of Cambodia established the National Training Team on Strategic Environmental Assessment (NTTSEA) on 20 December 2022. The team is responsible for arranging and preparing training materials, disseminating SEA knowledge at national and sub-national levels, and raising awareness through a range of meetings, training sessions, and workshops. In addition to their educational activities, NTTSEA has mobilized resources and forged partnerships with NGOs and other stakeholders, in a determined effort to foster a comprehensive training program on SEA. Stay tuned for more updates on this journey towards sustainable development!
The 42nd Annual Conference of the International Association for Impact Assessment
From 08 – 11 May 2023, Open Development Cambodia (ODC) attended the 42nd Annual Conference of the International Association for Impact Assessment under the theme of “Resilience through impact assessment and leadership” at Kuching, Malaysia. As part of the partnership on technical assistance for developing SEA guidelines in Cambodia, ODC also supported two government officials from the Department of Environmental Impact Assessment, Ministry of Environment, in attending the conference. The conference aimed to establish a path to resilience through impact assessment and leadership by organizing presentations on contextual applications and conceptual advances of impact assessment. There are 70 sessions focusing on two main streams: thematic sessions on “resilience through impact assessment and leadership” and general impact assessment sessions. On 08 May 2023, the program officially started with an opening plenary, seven concurrent sessions, a poster session, and a welcome reception. Similarly, there were nineteen concurrent sessions, six sessions on the theme forum, and other networking/meeting activities on the conference’s second day. The next day, three sessions focused on the theme forums, and nineteen sessions were concurrent. ODC also hosted a panel discussion on “Strategic environmental assessments (SEA) in Mekong country” to explore the considerations in policy, program, and plan on SEA in Mekong country. Twenty-one experts (08 females), including representatives from the EIA department of the Ministry of Environment in Cambodia and SEA and environmental law experts, joined the discussion to share their experiences and insights on SEA progress, development, and best practices in the region. The last day of the conference mainly consisted of three sessions for the theme forum, thirteen concurrent sessions, committee meetings, a closing plenary, and exhibit and poster dismantle. During the conference, the ODC team and the two government officials from the EIA Department participated in more than thirty sessions to learn, discuss, and share experiences on impact assessment and leadership across the region. This participation also allowed us to meet more than 600 global experts to explore their perceptions of nations’ interests, sustainable development, indigenous rights, and preservation of biodiversity. It can benefit the consideration to apply in Cambodia to establish a path to resilience through impact assessment and leadership. Below are some speeches by ODC team after attending IAIA23: Mr. Thy Try, Executive Director/Editor-in-Chief of ODC: Attending IAIA23 in Kuching was an incredible experience, reconnecting with experts in impact assessment and leadership. It was my second time attending an IAIA conference in person, with my first experience being in Florence back in 2015. The event in Kuching once again showcased the resilience needed in our SEA and EIA field, and I am truly looking forward to the next IAIA conference in Dublin in 2024, where new insights and opportunities await. Ms. Kuoch Layheng, Economics Editor – Researcher of ODC: IAIA23 was an amazing first-time experience for me. Meeting, discussing, learning, and sharing experiences with many experts across the globe was an excellent opportunity for the team and me since we could consider using it to apply in Cambodia’s context. Mrs. Koem Chhuonvuoch, Natural Resource and Land Editor – Researcher / Project Coordinator of ODC: IAIA23 on resilience through impact assessment and leadership provided me with a wide range of knowledge and experiences with experts in various fields. We got to see what’s going on and how they handle impact assessment around the world.
Strategic environmental assessment in Mekong countries
Open Development Cambodia (ODC) was thrilled to host a panel discussion on “Strategic environmental assessment (SEA) in Mekong countries” at the 42nd Annual Conference of the International Association for Impact Assessment: Resilience through impact assessment and Leadership on 10th May 2023 at Borneo Convention Centre Kuching, Kuching, Malaysia. Representatives from Cambodia’s Ministry of Environment’s EIA department, SEA, and environmental law experts participated in our discussion to share their experiences and insights on SEA progress, development, and best practices in the region. Mr. THY Try, ODC’s Executive Director, started the discussion by explaining what ODC is and what we are working on. The discussion will provide an update on the progress and development of SEA in Cambodia and opportunities to learn from experts in the field. During the session, three important questions were discussed: the current legal framework, key research gaps and priorities for advancing SEA, international cooperation and knowledge sharing, and opportunities and challenges to SEA development and implementation in Mekong countries. Because there are still limitations in environmental impact assessments (EIA) that have been used to evaluate the impact of investment projects on the environment, the establishment and implementation of SEA are required for significant investment. EIA also has varying effects on the projects. Cambodia’s development and economy have benefited greatly from investment inflows. Aside from the contribution to the country’s growth rate, the environmental impacts can be seen at both the micro and macro levels, which should be carefully considered. The micro level focuses on the correlations between the attraction of investment by firms and the cost of the environment, whereas the macro level focuses on the government’s and international community’s concern about whether foreign investment will degrade the ecological environment of host countries or not. The Law on Environmental Protection and Natural Resource Management, the National Environmental Strategy and Action Plan (2016-2023), Sub-decree No. 72 on the EIA Process, and the Environmental and Natural Resources Code are all SEA-related regulations in Cambodia. The code could make SEA a requirement for strategic planning in a variety of industries. The process of preparing a SEA report must take special consideration and provide opportunities for vulnerable people, ethnic minority groups, and indigenous peoples to participate. The monitoring results will be made available to all ministries and institutions, as well as the general public. Although the SEA process was initiated in the late 1980s by high-income countries such as the United States and European states, this tool is receiving increasing attention in the Greater Mekong sub-region. In Cambodia, the SEA initiative was only launched in the mid-2010s, with the publication of some pilot industry-specific reports, such as one on sustainable tourism. The SEA of Cambodia’s strategic planning framework for fisheries 2010-2024 was also published as a result of the development partner’s commitment. The Cambodian SEA path, like that of other countries, began with an emphasis on EIA. Currently, ODC is assisting the Ministry of Environment’s Department of EIA in developing the SEA guideline. The department highlighted the development of the SEA technical guideline and the SEA on sand mining in Cambodia. Based on the discussion during the session, the guidelines will be conducted within the next three years based on the timeframe provided. This is an important step towards ensuring that our natural resources are used sustainably. The experts have concerned with the management plan and responsibilities of the SEA’s lead agency. It would be sustainable if the SEA’s leadership is the line ministry. Because SEA and EIA are not the same things, and each SEA report is unique, stakeholders must be trained and experienced in SEA practice. Cambodia should make an effort to develop this policy because its role is critical and it has many opportunities and value in the ASEAN region. We applaud the ministry’s commitment to promoting environmentally responsible practices and eagerly await the results of this SEA. During the discussion, the participants also shared updates and the progress of the SEA implementation in Mekong countries.