An urgent call for the Cambodian government to implement a comprehensive national action plan on indigenous rights has been made by Professor Vitit Muntarbhorn, an independent United Nations (UN) expert, which was issued during his third official visit to Cambodia that marks another significant moment in his ongoing efforts to improve the human rights landscape in the country.
Appointed as a special rapporteur on Cambodia’s human rights situation in March 2021, Muntarbhorn has been pivotal in spotlighting the challenges faced by the nation’s indigenous communities but despite commendations for Cambodia’s legislative recognition of indigenous rights, Muntarbhorn highlighted the substantial gaps in enforcement and the inefficiencies within the current system.
“There should be a one stop-service to help these communities in their quest for indigenous rights” stated Muntarbhorn, who emphasised the need for a national forum or working group to facilitate direct dialogue between indigenous communities and government authorities, ensuring adequate budgeting and resources are allocated to these efforts.
Muntarbhorn’s visit included meetings with local officials in Ratanakiri and Kandal provinces where he focused on issues affecting indigenous peoples. Additionally, he advocated for increased social awareness and education about Indigenous cultures, suggesting the establishment of national or international festivals to celebrate indigenous arts and culture.
During his mission, Muntarbhorn also visited communities impacted by land encroachments and development projects that have disrupted their ancestral lands. Hence, he commended the authorities’ efforts to support alternative dispute resolution methods and address prison overcrowding but stressed the urgent need for comprehensive legal reforms.
“I urge Cambodia to comply with international human rights law and work towards more non-custodial and community-based measures, coupled with reform of the law enforcement system, and improved quality of the judiciary and related law enforcers” Muntarbhorn asserted.
In addition, he condemned the Cambodian government’s actions against critics, particularly human rights and environmental activists who’ve faced detention under vague charges of incitement, highlighting the plight of these citizens who were exercising their rights to freedom of expression and peaceful assembly in their pursuit of justice.
A significant portion of Muntarbhorn’s critique focused on the 2015 Law on Associations and Non-Governmental Organisations (LANGO) and this law, which critics argue grants the government excessive control over NGOs has been a point of contention since its enactment. Hence, Muntarbhorn called for its repeal by arguing that it stifles civil society’s ability to operate freely and undermines international human rights standards.
However, the Cambodian government has made strides such as the 2001 Land Law that grants land rights to Indigenous communities… but critics point out that the enforcement mechanisms are often ambiguous, costly and technically complex, making it difficult for Indigenous people to secure their rights effectively.
Thus, Muntarbhorn’s visit and subsequent recommendations are part of his broader efforts to implement the 10-point Cambodian Human Rights Action Agenda he presented in 2022, which aims to enhance the human rights situation in Cambodia, expand civil and political spaces and lay the groundwork for democratic reforms.
The expert’s fourth report on the human rights situation in Cambodia is expected to be released in September 2024 that will likely further elaborate on the progress and ongoing challenges faced by the nation.
So as Cambodia continues its journey towards safeguarding indigenous rights, Muntarbhorn’s call for a national action plan serves as a critical reminder of the work still needed to achieve genuine and lasting improvements for all its communities.
