In June 2024, the Environment and Natural Resources Code officially came into force in Cambodia. While many anticipate that the new Code will enhance the country’s environmental and natural resource management, it was adopted without the crucial input of Indigenous peoples. This lack of involvement of the Indigenous peoples in the process has raised serious concerns within the Indigenous communities in Cambodia. Communities fear that the absence of the term ‘Indigenous peoples’ from crucial sections of the Code could significantly impact their traditional access to and management of natural resources, such as forests and the land itself. These resources are essential for their food and other non-timber products and hold cultural and spiritual significance.
During a recent mission in Cambodia, I had the privilege of interviewing five individuals from diverse Indigenous communities: Ven Che, a Tompaun from Yeak Laom Lake Committee; Tep Tem, a Kui elder; Nun Sokhunthea, a Kreung from Cambodia Indigenous Peoples Alliance (CIPA); Plok Phyrom, a Bunong from Mondulkiri Indigenous Peoples Network; and Hoklek, a Kui young person. This blog shares their perspectives on the new Code and concerns about its potential impact on their communities, culture, and way of life.
Why are the environment and natural resources important to Indigenous peoples?
Ven Che: Indigenous peoples, regardless of where they live, have a strong connection to natural resources. Without natural resources, their culture would quickly vanish. When the forest is lost, Indigenous culture declines as well.
Tep Tem: We believe in the existence of various spirits that reside in the forests, mountains, and lakes. We protect and honor these spirits as they take care of us.
Our livelihoods depend on the forest for non-timber products and the land for farming. These natural resources are essential for generating income and food and mitigating climate change, both of which benefit our country and the planet Earth.
Indigenous peoples, regardless of where they live, have a strong connection to natural resources. Without natural resources, their culture would quickly vanish.
Ven Che, a Tompaun Indigenous
The Environment and Natural Resources Code was adopted in June 2023. How did the Indigenous communities feel about the process?
Tep Tem: The Code was adopted without consultation with the Indigenous peoples and was only made known to us after its adoption. This will significantly impact our Indigenous communities’ livelihoods, culture, and identity, as well as our access to the forests where we gather non-timber products and the lands that we traditionally farm to support our families. We will suffer if these natural resources are taken from us.
Indigenous peoples’ significant role in forest protection is a source of pride for them, and their connection to it is vital. Therefore, it is important that the term ‘Indigenous peoples’ be included in the Code. As far as I know, the term was excluded.
The Code was adopted without consultation with the Indigenous peoples and was only made known to us after its adoption. This will significantly impact our livelihoods, culture, and identity.
Tep Tem, an elder from the Kui Indigenous community
Now that the Code is officially enforced in the country, how will it impact Indigenous communities?
Plok Phyrom: I’m deeply concerned about the enforcement of the Code. The authorities and environmental officers have arrested Indigenous peoples who engage in traditional farming. They have been imprisoned because of their longstanding practices on their land. Additionally, cultures are at risk as Indigenous peoples are unable to access their burial grounds and spiritual forests.
We are saddened that, despite having lived in Cambodia for centuries, we are being condemned for being on our land, which our ancestors have secured for generations. We witnessed instances where churches and farm cottages have been burned down. The environmental officers have been arresting Indigenous peoples who are simply cultivating their land.
Hoklek: The Code imposes restrictions on our rights, particularly regarding entry into the core and protected zones. Entry into the core zone is strictly prohibited, while entry into the protected zone requires permission and a card.
Nun Sokunthea: The establishment of biodiversity conservation sites often overlaps with the land of Indigenous communities, impacting communal land titling for Indigenous peoples.
We are saddened that, despite having lived in Cambodia for centuries, we are being condemned for being on our land, which our ancestors have secured for generations.
Plok Phyrom, a Bunong Indigenous
What are your recommendations for the Code?
Hoklek: In our joint statement, we requested the government to consider including the terms ‘Indigenous peoples’ and ‘Indigenous communities’ in the Code so that they can exercise their rights as they have in the past.
Nun Sokunthea: We suggest that the Code, which integrates the Forestry Law and the Natural Protected Areas Law, should explicitly include the rights of Indigenous peoples, as these are fundamental human rights.
For generations, we enjoyed our culture, traditions, and ways of life. Our traditional livelihood depends heavily on activities such as farming, gathering non-timber forest products, hunting, and fishing. These rights are inherent to Indigenous peoples. We have the right to access and take responsibility for the conservation and sustainable use of natural resources.
We requested the government to consider including the terms ‘Indigenous peoples’ and ‘Indigenous communities’ in the Code so that they can exercise their rights as they have in the past.
Hoklek, a Kui Indigenous youth
How can the government help address your concerns?
Tep Tem: I urge the government to consult with Indigenous peoples before developing any policies. This will help the government understand and address their needs and support their rights to land tenure and traditional occupation to preserve their culture and identity.
Plok Phyrom: The government should support those who defend the land, forests, and natural resources. Local authorities should collaborate with us to identify the actual perpetrators who exploit the forests, as only those on the ground know who the real perpetrators are.
Nun Sokhunthea: We propose including the term ‘Indigenous peoples’ in the Code and call for respect for their rights as specified in other treaties, including the United Nations Declaration on the Rights of Indigenous People (UNDRIP) that the Cambodian government voted in favor of.
Any law that concerns Indigenous peoples will only be effective and efficient if Indigenous peoples participate meaningfully. We need to emphasize the importance of collective consultation and consensus. In the UNDRIP, this is referred to as the free, prior, and informed consent principle, which must be followed.
Any law that concerns Indigenous peoples will only be effective and efficient if Indigenous peoples participate meaningfully.
Nun Sokunthea, a Kreung Indigenous
Reflecting on my discussions with Ven Che, Tep Tem, Plok Phyrom, Hoklek, and Nun Sokhunthea, I have gained a better understanding of the strong connection between Indigenous peoples and their environment and natural resources. Their insights emphasize the significant impact that the Code would have on their livelihoods, culture, and spiritual practices.
The concerns of Indigenous communities highlight a significant gap in the consultation process during the drafting of the Code. Additionally, the exclusion of the term ‘Indigenous peoples’ from crucial sections of the Code further marginalizes these communities, threatening their traditional way of life, which is deeply connected to the forests and their lands. Their stories of Indigenous peoples being arrested and restricted from accessing lands for farming serve as stark reminders of the challenges faced by Indigenous peoples – challenges that could worsen with the enforcement of the Code.
As we commemorate the International Day of the World’s Indigenous Peoples on August 9, it serves as a timely reminder of the global commitment to upholding the rights of Indigenous peoples. This day provides a platform to recognize the unique cultures, contributions, and challenges faced by Indigenous communities worldwide. In Cambodia, it presents an opportunity to advocate for the inclusion of Indigenous rights in the Environment and Natural Resources Code and to push for legislation that respects their culture and traditional way of life. The government needs to engage the Indigenous peoples in a meaningful dialogue, ensuring their voices are heard and respected.
In conclusion, the protection and inclusion of Indigenous peoples in environmental governance are not just matters of justice but are essential for the preservation of Cambodia’s rich culture and biodiversity. The Cambodian government should honor its commitment to international treaties, such as the UNDRIP, and ensure that Indigenous communities are integral partners in shaping the future of the country’s environmental and natural resource management. Only through collective consultation and consensus will the country be able to achieve sustainable and equitable development that benefits all.
This blog is written with support from Rithy Bun, a Bertha Justice Fellow at EarthRights.
