The Rights of Indigenous Peoples in Cambodia

01-Feb-2010

Publication : Report

A coalition of NGOs and community groups working with indigenous peoples in Cambodia submit this report to the Committee on the Elimination of Racial Discrimination (“the Committee”) for consideration at its 76th Session. In doing this submission, the definition of racial discrimination as set out in Article 1(1) of the International Convention on the Elimination of all Forms of Racial Discrimination (“ICERD”) has been used: “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” We observe that the Committee has repeatedly affirmed that ICERD applies to discrimination against indigenous peoples1 and “that all appropriate means must be taken to combat and eliminate such discrimination.”2 3. We note that the Cambodian Constitution states that all Cambodians have the “same rights, freedom and fulfilling the same obligations regardless of race, colour, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status”. We also sincerely thank the Cambodian government for its role in ending civil war in Cambodia, something that was a severe and extreme violation of indigenous and non‐indigenous peoples’ rights, and establishing this constitution based on equity. 4. There are, however, actions and laws which have the effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms of indigenous peoples. This submission explains that, despite provisions to safeguard indigenous peoples’ land, customs, language and culture, discrimination against indigenous peoples in Cambodia, in effect, remains persistent and institutionalized. Specifically outlined in this report is the discrimination against indigenous peoples’ groups that has resulted from removing rights through legislation and use of the judiciary; land and resource alienation resulting in forced displacement; limitations on the right to selfdetermination; inadequate provision of appropriate education; and unrealized rights to health.

Information Source : The Rights of Indigenous Peoples in Cambodia

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