An independent United Nations (UN) expert has called on the Cambodian government to implement a national action plan to safeguard the interests of the country’s indigenous communities. Professor Vitit Muntarbhorn, who was appointed as a special rapporteur to oversee and report on the human rights situation in Cambodia in March 2021, highlighted the inefficiencies in the enforcement of existing laws meant to protect these communities. While acknowledging the efforts made by Cambodia, including the establishment of the Land Law in 2001, he pointed out the complex, costly, and technical nature of its procedures which hinder effective implementation.
Professor Muntarbhorn suggested the creation of a one-stop service to assist indigenous communities in their quest for rights and emphasized the need for Cambodia to adhere to international human rights law. He recommended reforms in the law enforcement system, advocating for more non-custodial and community-based measures, and an improved quality of the judiciary and relevant law enforcers. He expressed concerns over the Cambodian government’s treatment of critics, particularly human rights and environmental activists, who are frequently detained on vague charges that undermine their right to freedom of expression and peaceful assembly.
Muntarbhorn also urged the Cambodian government to repeal the contentious law regulating associations and non-governmental organizations (LANGO), which has been criticized for curbing the freedoms of NGOs and granting the government excessive control over them. Critics argue that the law hinders the operation of both national and international NGOs, and has faced substantial backlash since its inception in 2015 for allegedly violating international human rights standards. Detailed information on this issue can be accessed here.
The indigenous communities in Cambodia represent about 1.4 percent of the total population. Though the Land Law recognized the rights of 24 indigenous communities, its ambiguous and onerous enforcement mechanisms have largely rendered these rights theoretical. For further background on the criticism and the legal context surrounding the indigenous communal land titling, refer to recent analyses, including those which can be found here and the legal framework here.
This call to action comes amid ongoing scrutiny of Cambodia’s human rights practices, with international organizations frequently criticizing the government’s approach towards civil society and dissenting voices. The ongoing discussion on this topic can be followed in further detail in articles such as this one.