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.
Other Stories
The second cluster convention
The second cluster convention was held on 19 December 2022, at the FHI 360 Office in Phnom Penh, with 25 participants (06 females). The convention brought together the Ministry of Land Management, Urban Planning and Construction (MLMUPC), the Ministry of Interior (MoI), civil society organizations (CSOs), community-based organizations (CBOs), media groups, and representatives of indigenous people from Preah Vihear, Ratanakiri, and Mondulkiri provinces. Open Development Cambodia (ODC) hosted the convention, which was funded by the United States Agency for International Development (USAID) through Family Health International (FHI 360) under Cluster Anchor Grant from the Civil Society Support (CSS) Project. ODC is the anchor and collaborates with three cluster members: CamboJA, the Conserve Indigenous Peoples Language Organization (CIPL), and Young Eco Ambassadors (YEA). The project aims to make natural resource management (NRM) more sustainable, inclusive, and participatory by incorporating Indigenous Peoples’ needs and concerns. ODC hosted an initial cluster convention on 13 September 2022 to involve all the cluster members and networks to build the networks, learn from each other, map the significant strategy, and step on further activity on the natural resource management (NRM) advocacy in Cambodia. In this convention, we will update the progress of the indigenous communal land titling in Cambodia, which is a curious and significant topic for today’s talk. The convention aims to: Create a friendly environment for networks to learn and share Keep current updates on the indigenous communal land titling in Cambodia Encourage cluster members and stakeholders to work together. The representative of the Ministry of Land Management, Urban Planning and Construction (MLMUPC) and the Ministry of Interior (MoI) shared the current update on the indigenous communal land titling. Currently, 152 indigenous communities have registered as legal entities with the MoI, while 94 communities have requested communal land titles from the MLMUPC. Due to various challenges and encounters, 26 of these communities were suspended. Some people may be interested in obtaining private land ownership to sell or in obtaining a micro-finance loan. In some cases, the requested land overlaps with natural protected areas and forest cover 2002 established by the Ministry of Environment (MoE) and the Ministry of Agriculture, Forestry and Fisheries (MAFF). Currently, 38 indigenous communities in four provinces have received communal land titles totaling 39,342 hectares: Stung Treng (02 communities), Kratie (04 communities), Mondulkiri (07 communities), and Ratanakiri (25 communities). Two more communities are expected to receive communal land titles by January 2023. The convention also discussed the challenges of land titling. The participants had the chance to question ministries and ask for advice to solve their problems. The process of the land tiling is complicated and time-consuming. The land title sometimes cannot be issued and is suspended due to several challenges. Due to the limitations of the indigenous people\'s knowledge of the Khmer language, legislation, and registration procedures, they always find it difficult to obtain land titles without support from the CSOs and CBOs. In some cases, indigenous peoples are unaware of the benefits of communal land titles. Some community members may see the personal benefits as superior to the sharing and wish to withdraw from the community. It meant that they would like to have their private land title. The local authorities sometimes do not reluctant with the indigenous communities regarding the land titling procedures even though the ministries are trying to speed up the land registration. In many cases, the community refuses to accept the land that the government is willing to provide. After the participatory discussion, the indigenous community is encouraged to document the issues or problems with communal land titling and report them to the working group. ODC will continue to host the quarterly cluster convention with the cluster member and networks to share lessons learned, information, and prioritized issues on natural resource management, environment, forestry, land, indigenous peoples, the strategic environmental assessment (SEA), and environmental impact assessment (EIA).
Testimonial: Young indigenous woman and citizen journalist think about the mobile report training
Would you like to know what our young indigenous woman and citizen journalist think about the mobile report training? Let’s have a look at their testimonials together! This activity is under the Civil Society Support Activity: Cluster Anchor Grants, founded by USAID Cambodia through FHI 360.
National summit on influences of forestry and land regulations on local communities and comprehensive EIA process
Open Development Cambodia (ODC) organized a national summit on “Influences of Forestry and Land Regulations on Local Communities and Comprehensive EIA Process” on 25 May 2023 with a total of 43 (13 females) representatives from the Ministry of Rural Development (MRD), CSOs, EIA firm, journalists, and indigenous peoples from Ratanakiri, Mondulkiri, Kratie, Pursat, Stung Treng, Preah Vihear, and Kampong Thom provinces. The event was supported by the United States Agency for International Development (USAID) through Family Health International (FHI 360) under the Civil Society Support Activity: Cluster Anchor Grants, and Heinrich Böll Stiftung Cambodia (HBS) under the project of promoting EIA for more transparent and responsive environmental governance in Cambodia. The national summit aims to: Provide an opportunity for relevant stakeholders to express their concerns regarding existing and proposed forestry and land law and associated regulations Identify the effective strategy to provide input into the draft laws Discuss how the proposed law and associated regulations will interact with the EIA process, particularly the engagement of local communities and the public more broadly. The team invited Mr. IL Oeur, Executive Director of Analyzing Development Issues Centre (ADIC), and Ms. YA Yanny, a representative of indigenous women from Mondulkiri province to be the speakers. Mr. THY Try, Executive Director of ODC was the moderator of the panel discussion on “Forestry and land regulations”. The discussion started by introducing the speakers as well as their work. Analyzing Development Issues Centre (ADIC) shared their research on public participation in Prey Preah Roka Wildlife Sanctuary and Chhaeb district, Preah Vihear province. The Ministry of Environment (MoE) had clear guidelines and engaged the local community in the process. They set up numerous local and national meetings for two years to map the areas. This is the first map that engages many people, so there are no concerns raised by the local community during the mapping process. The concern is that when the map is released, who will be responsible for border demarcation? The land inventory is also significant to identify the specific land that each indigenous people own within the communal land title. Then questions were raised around the differences in duration of the indigenous communal land titling and private land title as well as the word usage in the law. A representative from the Cambodia Indigenous Peoples Organization (CIPO) shared the concern on the indigenous community cannot do the rotation or traditional agriculture unless they have been registered. That’s a critical point if the community grows the crop or rice on the land. A response from the MRD, if the community has been recognized as an indigenous group by the ministry, there should not be a problem to use the land. The representative from CIPO also mentioned the concern about excluding the word “Indigenous peoples” in the draft law. Indigenous peoples would like to keep their identity (differentiate from other people) both in the current and upcoming laws. Regarding the input, we would like to see a separate chapter talking about the indigenous people within the Land Law. The discussion between the CSOs and indigenous peoples should be happened before meeting with the related ministries to share their concerns to address in the draft law. The discussion around the reasons for revising or amending the law should be widely disseminated. The government should open for consultation with practical and concerned stakeholders. A representative from 3SPN stated that the draft EIA law excludes the word “FPIC” meaning free, prior, and informed consent. The law encourages to have full public participation in all areas. Fully participation has a different definition from FPIC which considered accessing the information, participation, and decision-making. The participants highlighted that cooperation and working together among key CSOs is very important. By doing so, we could enforce and coordinate the mechanism and inputs effectively. There is an interesting question from the private company regarding indigenous peoples’ economic, livelihood, and materials trends. The question has attacked the attention of indigenous peoples in the rooms to share where they are now. They said, \"Some people get a larger house and modern materials, but some of them have to pay back the loan every month. Some people are poor and do not even have a small area of land to grow crops. What we are now cannot be compared with what we have lost. Although we need to adapt to the modern era, we would not want to lose what we used to have, especially the culture.\" In brief, we discussed the inputs which also reflect several significant points including cooperation among key stakeholders and CSOs in the input gathering and providing to the policy-makers as well as networking with the related ministries, case studies in Mondulkiri, Ratanakiri, and Preah Vihear, and the word usage in the law. The panel discussion on “EIA process: Public participation” brought together Mr. HORM Kimkong, Director of Environmental and Assessment (E&A) Consultancy, Mrs. TEP Tim, a representative of indigenous women from Preah Vihear province, Mr. LEANG Bunleap, Executive Director of 3S Rivers Protection Network (3SPN). The discussion was moderated by Mr. LONN Pichdara, Executive Director of MyVillage Cambodia. Mrs. TEP Tim living in Prame commune, Tbaeng Mean Chey district, Preah Vihear province, said that she did not get an invitation to join the public participation of the EIA process as well informed about the development project beforehand. So far, they only invited the commune and district councils to the meeting. A representative from 3SPN stated that public participation sometimes could provide the opportunity for the company to only gather the people who agree and support the project. The law or regulation on public participation is very important, and it should clearly state who should be invited to join such as from the beginning of the process. “When we are discussing the Land Law, it should also refer to the Cambodian people as well. Why the discussion this morning was focusing on indigenous peoples only?” Question from our participant. Yes, it should be referring to everyone. However, we would like to pay more attention to the indigenous peoples because they are the most vulnerable group among others. From time to time, they live and survive in the forest and do not have any land titles as we do. When there is a development project, they always eye on the forest areas where there are not many people living there. In the case of Cambodia, some projects just process the EIA after a long-term operation. The participants wonder what is the point behind that. EIA is just a tool to assess the impact, not a law. There are three types of EIA implementation including EIA before, during, and after the project implementations. The companies that were established a long time ago do not have EIA since it did not exist at that time. As a result, the MoE review and request them to do the EIA. The new development projects currently must have done the EIA before implementing the project based on the guideline of the ministry. EIA report is very difficult to get. How could we get the EIA reports? Normally, when the report is approved, the consultant, project owner, and the MoE have to stamp each page of the report. Previously, the consultant has to prepare 12 copies, but currently, there are only six copies required which will be kept by the consultant (1), the project owner (1), and the rest will be kept by the EIA Department. The consultant needs to keep the report in a safe place for 3 or 5 years based on the agreement, and they cannot share the report without permission from the project owner. The report could be officially requested from the MoE. Our speakers also suggested the community and CSOs keep all the related documents they provided during public participation. The discussion and content of the provided documents will not have much difference from the approved EIA report. Additionally, the stakeholders should focus on the EIA training for the local community so that they could understand the process as well as the content of the report.