A Decade of Communal Land Titling in Cambodia: Achievements and Ways Forward

Abstract

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  It is widely acknowledged that there are 24 indigenous groups (IPs) in Cambodia. These groups are concentrated in north eastern provinces of Ratanakiri, Mondulkiri, Stung Treng, Kratie and Preah Vihear, where they have lived for many generations. They are also present elsewhere in the country. IPs’ rights in Cambodia, particularly rights to land resources have been legally recognized in the Land Law 2001 (Article 23 to 28). Further, Sub-decree No. 83 (2009) on the ‘Procedure of Communal Land Title Registration’, aligned with the Forestry Law (2002), and the Protected Area Law (2009) provides detailed guidelines on how Indigenous Peoples may register communal land.

  
  


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  During the early 2010s, a communal land titling project was piloted in two Indigenous communities in Ratanakiri and another in Mondulkiri province, with the assistance of the German Technical Cooperation Agency (GTZ) and Danish International Development Agency (Danida). These communities obtained communal land titles (CLTs) over a period between 2011 and 2013. Since 2013, the Royal Government of Cambodia has financially supported the CLTs through the Ministry of Land Management, Urban Planning, and Construction (MLMUPC). By December 2019, the MLMUPC had received 68 applications for the registration of communal land titles by different Indigenous communities. Of these applicants, 30 had received CLTs.

  
  


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  After almost a decade of implementing CLTs registration project, Cambodia has performed relatively well within the Southeast Asian context in terms of recognizing the rights of Indigenous people to land resources. However, the land titling process needs to be simplified, if the time taken to issue CLTs is to be reduced. Technical challenges related to the preliminary mapping process often delay decisions about the allocation of land within protected areas to Indigenous communities.